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HomeMy WebLinkAbout2006-06-12 CPC Packetil Iwater THE BIRTHPLACE OF MINNESOTA CITY OF STILLWATER PLANNING COMMISSION NOTICE OF MEETING The City of Stillwater Planning Commission will meet on Monday, June 12, 2006, at 7 p m in the Council Chambers of Stillwater City Hall, 216 North Fourth Street AGENDA Public Hearings 1 Case No PUD/SUB/ZAM/06-16 A planned unit development for a 51 lot development on 25 28 acres located at 12525 75° St N and 12620 and 12550 72nd St N in the AP, Agricultural Preservation District (Legacy on Long Lake), a subdivision of a 51 lot development of residential use and a zoning map amendment to rezone from AP, Agricultural Preservation to RA, Single Family Residential Elite Development, applicant (Continued from the May 8, 2006 Planning Commission Meeting) 2 Case No V/06-20 A variance to the slope setback (30 ft required) for the construction of a residence located to the south of 621 West Willard (Lot 7 & 8, Block 1, Holcombe's Addition) in the RB, Two Family Residential District Scot Shely, applicant 3 Case No V/06-21 A variance to the street yard setback (20 feet required, 0 feet requested) for the construction of a single car garage located at 923 West Maple Street in the RB, Two Family Residential District Roberta Pugsley, applicant 4 Case No V/06-22 A variance to the side yard setback (10 feet required, 5 feet requested) for the construction of a deck located at 227 Echo Lane in the RA, Single Family District Daniel Feiner, applicant 5 Case No SUP/06-23 A special use permit for a fuel center located at 1801 Market Drive in the BP-C, Business Park Commercial District Linda Fisher, Larkin Hoffman Daly & Lindgren, representing Super Valu 6 Case No V/06-24 A variance to the rear yard ordinary high water setback (85 feet required, 65 feet requested) for the construction of a swimming pool located at 3120 Ilo Way in the LR, Lakeshore Residential District Mark Lindeberg, applicant 7 Case No SUB/06-25 A resubdivision of two lots located at 1802 4tl' St N and 206 West Poplar to create a 10,000 square foot lot in the RB, Two Family Residential District Scott Junker, applicant 8 Case No SUP/V/06-26 A special use permit for an accessory dwelling unit and a variance to be in front of the midpoint of the primary residence located at 420 Linden St West in the RB, Two Family Residential District Kurt and Nancie Sesemann-Klitzki, applicants Other Items 9 CR District regulations related to driveway widths 10 Continued discussion of Manning Station Development on the corner of McKusick Road and Manning Avenue 11 Continued discussion of potential of St Croix Preparatory Academy in downtown Stillwater CITY HALL 216 NORTH FOURTH STREET STILLWATER MINNESOTA 55082 PHONE 651 430 8800 • WEBSITE www ci stillwatermn us 4 City of Stillwater Planning Commission May 8 2006 Present Robert Gag chairperson Suzanne Block Gregg Carlsen Mike Dahlquist David Junker Brad Meinke Dave Middleton David Peroceschi and Paul Teske Others Community Development Director Bill Turnblad and Planner Bob Lockyear Mr Gag called the meeting to order at 7 p m Approval of minutes Mr Middleton seconded by Mr Dahlquist moved approval of the minutes of April10 2006 Ms Block noted a correction in the minutes related to Case No V/02-10 — the minutes should have indicated that neighbors were not noticed of the meeting Motion to accept the minutes as corrected passed unanimously Case No PUD/06-10 A concept planned unit development for a 10-lot development on 5+ acres (Brown s Creek Reserve) in the AP Agricultural Preservation District Tim Freeman Folz Freeman Erickson Inc Mr Turnblad briefly reviewed the site The proposed development abuts the Millbrook development with trail and road connections between the two Lots for the Brown s Creek Reserve range from 10 000-12 000 square feet Until the road connections between Millbrook and this development are completed there would be temporary access off Neal Avenue he said He also noted the Parks Board had recommended that the City accept cash in lieu of park dedication the cash would be in addition to trails and sidewalks He said staff recommends concept approval with four conditions of approval Mr Freeman noted that the driving force for doing the development at this time is the need to get utilities through this site to serve the Millbrook development He noted that in an effort to preserve trees houses have been moved forward to the street He also spoke of the effort to keep the development consistent with the surrounding neighborhoods He stated that with the ponding/infiltration as proposed there will be an improvement in the water quality going into Brown s Creek Mr Middleton asked about the changes from the last time the proposal came before the Planning Commission Mr Freeman said there were a lot of minor changes The major changes include the reduction in the number of lots and the location of the permanent access off Neal Avenue Ms Block asked about the timing of this development in relation to the Millbrook development whether construction would coincide with Millbrook s phase 1 or phase 3 Mr Freeman responded the hope is to proceed in conjunction with Millbrook s phase 1 Mr Gag opened the hearing to public comment No comments were received and the hearing was closed Mr Junker said he applauded the effort and changes that had gone into the proposal He said he agreed with the Park Board s recommendation for the acceptance of cash in lieu of parkland dedication in this instance and said he also would like to see the sidewalk along Neal Avenue extended to the property line City of Stillwater Planning Commission May 8 2006 Ms Block expressed a concern about the timing of construction citing concerns about noise truck traffic dust and dirt from construction and the safety of children in the adjacent neighborhoods She asked if sewer could be extended to serve the Millbrook development without proceeding with construction of Brown s Creek Reserve until Millbrook s phase 3 Mr Turnblad said that had been a major discussion item and noted that the Joint Board feels the timing of this development as proposed is acceptable Mr Dahlquist questioned the rationale for the proposed 2 4 units per acre as compared to the Comprehensive Plan which indicates a density of 2 0 or fewer units per acre Mr Teske said he thought the proposal seemed to be a good match with the three surrounding neighborhoods Mr Carlsen expressed a concern about setting a precedent with the phasing of the Annexation Agreement Mr Teske pointed out that if the Millbrook developers had been able to purchase this site development would have proceeded at this time Mr Gag said he like the size of the lots and was comfortable with the proposal Mr Teske seconded by Mr Middleton moved approval with the four conditions recommended by staff and the additional conditions that the sidewalk along Neal Avenue be extended north to the property line and south to McKusick Road and that the City accept cash in lieu of parkland dedication Motion passed 8-1 with Ms Block voting no Case No V/06-11 This case was withdrawn as a variance was not required Case No PUD/SUP/CUP/V/SUB/06-12 A planned unit development special use permit conditional use permit variance and lot combination for a 45 000-square foot mixed use retail office and residential use at 227 N Main St in the CBD Central Business District Mainstream Development Partnership LLC applicant Representing Mainstream Development were Tim Stefan and Vern Stefan Mr Turnblad reviewed the site and the plans for construction of a four -level 56 000-square foot building the final phase in the development of the former Maple Island site Mr Turnblad noted the proposal requires two variances — a variance to the infill height standards and a variance to the number of parking spaces provided Mr Turnblad explained that according to the infill height regulations the maximum allowable height would be 31 feet as compared to the proposed 48 Regarding parking the proposed uses would require the provision of 128 spaces while 31 spaces would be provided he said Vern Stefan reviewed the timeline of the Maple Island development beginning in 1988 He spoke to the TIF agreement and parking and easement agreements between Mainstream Development and the City He said plans for this final phase of the development were presented in mid-2005, when they were given tacit approval to proceed with the design of phase 3 Tim Stefan reviewed the design plans and building materials The access off Water Street to the underground parking area will raise the building above the flood plain he noted As proposed the first floor of the building would provide community retail space the second floor would house a single office tenant with condominium units on the third floor with loft space above Mr Stefan said without the loft the building would be back to a flat roof with the potential for the 2 City of Stillwater Planning Commission May 8 2006 same problems as being experienced with another downtown development He said plans are to have an active roof space The hearing was opened for public comment Mark Bender whose law firm is a tenant in the phase 1 Maple Island building said his firm is interested in leasing the second floor space in the proposed phase 3 building He spoke of the serious need for additional commercial space in the downtown He also stated that eliminating the current construction traffic there seems to be adequate parking in the area After additional discussion regarding the agreements with the City regarding parking lot improvements and easement discussion was returned to the Commission Mr Junker said he liked the design and proposed use of the building but suggested the requested 97 space parking variance was pretty strong He also said he would like to stay within the 31 height limit required by the infill height regulations Mr Middleton said he liked the concept but was concerned about parking Mr Dahlquist noted while the Commission has given some variances related to retail space those variances didn t include office and residential uses and said he thought parking would be a real problem Mr Dahlquist also said he thought the proposed mass/height of the building was a little out of character Mr Gag said parking is always an issue in the downtown area and said he was most concerned about the proposed height While he said he thought a mixed use development was ideal for the location Mr Teske said there is a reason for infill regulations and suggested that the proposed mass and scale of the structure dwarfs the building to the south Mr Carlsen and Mr Meinke agreed with the concerns regarding the mass/scale of the building In response to a procedural question Mr Turnblad noted the denial of the required variances would result in the denial of the SUP CUP and subdivision Mr Turnblad suggested that if denied the Commission deny the SUP without prejudice which would allow the proposal to come back within a year Mr Junker seconded by Mr Meinke moved to deny approval No 3 the infill height requirement Motion passed 8-1 with Mr Peroceschi opposed Mr Junker seconded by Mr Dahlquist moved to deny approval No 4 variance from the parking requirements Motion passed 8-1 with Mr Peroceschi opposed Mr Dahlquist seconded by Mr Junker moved to deny approvals No 1 and 2 special use permit for a private parking facility and special use permit for residential units in the CBD without prejudice Motion passed unanimously Mr Junker seconded by Mr Carlsen moved to deny approvals No 5 and 6 variances to allow building improvements without prejudice Motion passed unanimously It was noted that items No 8 and 9 demolition permit and design review permit were Heritage Preservation Commission issues 3 City of Stillwater Planning Commission May 8 2006 Case No SUP/06-13 A special use permit for All Breed Doggy Day Care and Boarding at 1900 Tower Drive W in the BP-0 Business Park Office District Cindy Horton applicant Owners Cindy Horton and Jean Beaulieu were present They explained they currently operate a facility in Woodbury and would like to expand to the Stillwater area and add boarding services There was a question about outside activity Ms Horton explained that any outside activity is while the animal is leashed and takes place on the east side of the building only otherwise activity is inside only There was a question about cleanup waste is cleaned up immediately and disposed of Ms Horton responded There is one staff person per 10 dogs Regarding a question about full capacity Ms Horton said there would be a maximum of 15 dogs for boarding and 40 for day care No comments were received from the public Mr Junker seconded by Ms Block moved approval with the recommended five conditions of approval and the additional conditions that the facility be for dogs only and that the maximum number to be accommodated be 15 dogs for boarding and 40 for day care services Motion passed unanimously Case No V/06-15 A variance to the side yard setback (10 feet required 0 feet requested) for replacement of a second story deck in the RB Two Family Residential District at 805 First St S April Bauer and Brad Roberts applicants The applicants were present They explained that the existing deck is 30 years old and is falling apart The sidewalk is on the property line and drops straight down The footprint of the new deck will be the same as the existing deck except that the new deck will eliminate an existing jog Mr Roberts asked about the number of footings saying he would like to do five Members indicated that code would determine the required number of footings There was a question about completion of the project Mr Roberts responded that he would finish the project as soon as possible No comments were received from the public Mr Middleton moved approval based on the hardship presented by the topography of the lot Mr Junker seconded the motion noting that the new deck would improve safety Motion passed unanimously Case No V/06-18 A variance to the fence regulations for construction of a fence at 1324 Highland Road in the RA Single Family Residential District Robert Collins and JoAnn Brede, applicants Mr Collins was present He explained that they are requesting a variance in the fence height in order to keep their dog confined to the yard a 42 fence is not sufficient to do that he said Mr Junker asked if the applicants would consider moving the requested fence inside an existing tree line on the property Mr Collins said they would like to keep as much of their yard usable as possible and said neighbors have not expressed any concerns about the proposed fence No comments from the public were offered Mr Teske noted the Commission had spent a lot of time and consideration in drafting the revised fence ordinance and said he would like to stay 4 City of Stillwater Planning Commission May 8 2006 within the ordinance Mr Dahlquist said he saw no hardship in order to grant a variance from the ordinance Mr Teske seconded by Mr Dahlquist moved to deny the variance Motion passed 7-2 with Mr Middleton and Mr Junker opposed Case No PUD/SUB/ZAM/06-16 A planned unit development for a 51-lot development on 25 28 acres at 12525 75`h St N and 12620 72nd St N in the AP Agricultural Preservation District (Legacy on Long Lake) a subdivision of a 51-lot development of residential use and a zoning map amendment to rezone from AP Agricultural Preservation to RA Single Family Residential Elite Development applicant Representing the applicant were Ed Dulack Elite Development and Robert Wiegert Paramount Engineering and Design Mr Turnblad reviewed the site and identified several issues There are two road issues he said realignment of 72nd as a through street and the platting and improvement of the cul-de-sac that serves one of the two outlots He noted that the Water Board has identified a potential well site on the property He also pointed out that the proposed park dedication is not sufficient the Park Board has not yet reviewed the proposal he said Overall he said the concept is consistent with the Comprehensive Plan with the six recommended conditions of approval Mr Wiegert stated that the developer has addressed all of the engineering concerns with the exception of the platting and improvement of the cul-de-sac which he suggested is premature at this time A larger issue he said is the issue of park dedication which he said the developer feels is sufficient for the site considering its proximity to Northland Park and the playgrounds at Rutherford Elementary School Mr Wiegert also noted that it would be difficult to dedicate parkland in close proximity to Long Lake as suggested by City staff as Elite does not own those two lots the current owners have retained those lots Mr Dulack also suggested the possibility that the City use cash donation in lieu of land dedication to purchase nearby DNR property for park/trail use The hearing was opened to public comment Don McKenzie 12620 72"d St one of the four property owners involved in the development said he was pleased that the development would result in lessening the existing dangers on 72nd Street He expressed concern about the location of a proposed parking area which he pointed out belongs to him not to Elite He also questioned requiring a private property owner to give up land for parks Kim Gaultien 3171 Summer Fields Green asked if there would be any public access to the lake She also noted that the fields/equipment at Rutherford School are often in use and are not accessible during school hours She also expressed a concern about pollution of Long Lake Steve Quam 3189 Summer Fields Green noted the developer is using the Meisterling and McKenzie properties in figuring lot sizes and suggested the City get something in return He noted that utilizing a PUD provides the City with discretion He also asked if a tree inventory had been completed 5 City of Stillwater Planning Commission May 8 2006 Richard Peterson 7160 Mid Oaks pointed out the City already owns the 72nd Street right-of- way and would be vacating that He suggested that the City make use of that right-of-way as a public trail along the lake He also noted that eminent domain process can be used for parks Paula Kroening 213 Pine Hollow Green asked where the bike/walking trail would go when it reaches Rutherford Road Heidi Burns 7190 Mid Oaks expressed a concern about traffic and safety should 72nd Street be paved from Mid Oaks to its eastern terminus as suggested She too asked for a definition regarding the bike trail and where it would continue to the east Leah Peterson 7160 Mid Oaks spoke of the potential impact on wildlife and the environment Leonard Huebscher Grace Baptist Church noted the church is not interested in building homes it is interested in preserving an area for future recreational use He noted the church had agreed to a land switch for the same number of acres Bob Kroening 213 Pine Hollow Green pointed out there is a no -cut zone from Long Lake in the Liberty development and asked if there would be such a restriction for the Elite Development He also questioned whether a well site would result in a water tower which would impact surrounding properties He also said the proposed development could not rely on the Liberty development for its park dedication Mr Wiegert responded to questions/concerns Regarding the concern about pollution to Long Lake he noted the developers would be going through the Brown s Creek Watershed District approval process and two water storage ponds would be provided Regarding the question about a tree survey he said that has been completed and copies would be make available if so desired Mr Wiegert also noted that the PUD does meet the required average lot size He further noted that instead of washboard gravel the 72nd Street right-of-way will be a bituminous trail He also listed several possibilities for the trail continuation to the east He stated there will be a conservancy easement similar to a no -cut zone around the lake and said there would be no water tower on the site The meeting was closed to public comment Mr Junker said he was unaware of the issue of the ownership of the Meisterling/McKenzie lots He said he favored the plan but said there are still issues that need to be addressed including the alignment/vacation of 72nd Street the trail system and park dedication He also said he would favor staying with the RA designation and the 10 00-square-foot lot minimum Mr Teske agreed there were too many unresolved questions to move in any direction Ms Block said she would favor larger lots Mr Dahlquist agreed there were too many small - sized lots he also said the issues of park dedication public access to the lake and trail along the lake were important issues Mr Middleton also spoke of the need to address lake access as well as issues related to outlot B Mr Gag said he thought the proposal represented a good start but said he would be uncomfortable approving the PUD at this point 6 City of Stillwater Planning Commission May 8 2006 There was discussion about the lot size requirements for RA versus TR Mr Turnblad said in a TR zoning the average lot size must be 10 000 square feet while in the RA lots must be a minimum of 10 000 square feet Mr Junker said he would like the zoning for this development to stay RA at a minimum Other issues Commission members said they would like addressed included input from the Park Board regarding land/cash in lieu of land for park dedication the possible trail extension both to the east and west public access to Long Lake the vacation of 72"d Street and clarification regarding outlot B Mr Junker seconded by Mr Meinke moved to table the requests pending additional information/clarification of issues Motion to table passed unanimously Other items Cub Foods request for extension of garden center use Mike Mast Cub Foods said the request for the extension was to enable Cub to be competitive with a neighboring retailer However he said due to supply issues the use may in fact conclude in mid -June Mr Peroceschi seconded by Mr Middleton moved to approve the requested extension of the garden center to July 5 if needed Motion passed unanimously Request by Robin Partch for an amendment to the special use permit for Northern Vineyards The applicant was present He said the Fire Marshal had inspected the building in October and had no issues with exits and other fire -related requirements Mr Junker brought up the issue of the elevator which at this time is not available to Northern Vineyards and questioned whether any functions should be allowed on the second floor without the use of the elevator Mr Junker also said the special use permit functions seem to have been expanded a great deal Mr Patch responded that he knew there was an issue with the elevator an issue that he is trying to resolve but said in the interim weddings and other special events could be held on the main floor Mr Middleton moved to approve the special use permit amendment with the four conditions of approval as recommended by staff allowing functions such as weddings and other social events to be held on the main floor of the building with the potential for utilizing the second floor if and when the elevator situation is resolved Mr Junker said the key to allowing the use is meeting all building codes Mr Middleton added an additional condition of approval — that all building codes are met and occupancy limited to the Fire Marshal s occupancy rating Mr Dahlquist seconded the motion motion passed unanimously Extension of Special Use Permit for temporary module for St Croix Preparatory Academy Jon Gutierrez Academy executive director was present Mr Junker asked about the occupancy limit of the module Mr Gutierrez said the maximum number of students allowed is 25 and they are within that number It was noted there have been no complaints regarding the use Ms Block seconded by Mr Teske moved approval of the requested one-year extension of the SUP Motion passed unanimously St Croix Preparatory Academy also sought input from the Commission regarding a potential building site in downtown the former Associated Eye Care property on North Main Street Mr Turnblad noted that while schools are a permitted use in the CBD the question is what is the highest and best use of this property in the downtown area 7 City of Stillwater Planning Commission May 8 2006 Roger Tomten architect reviewed preliminary design plans for the school K-12 with up to 600 students The plans included office space and potential retail space along Second Street a parking element with 162 parking spaces and auditorium/theater facing Main Street He also showed several images of urban schools During discussion Commission members raised a number of concerns but the consensus was that the possibility was intriguing and the Commission was willing to look at the proposal in further detail Concerns included having little kids in the downtown area the additional traffic generated both by buses and student dnvers as the school reaches K-12 the loss of a prime downtown retail location the uncertainty of the impact of the new housing developments and new bridge on the downtown traffic Members asked for more information regarding traffic projections and busing plans design elements specifically massing of the building and examples of other K-12 schools located in downtowns along with the safety records of such schools Discussion of Manning Station development Present for the discussion were Marc Putnam Putnam Planning and Design and Chris Aamodt one of the property owners of the 20-acre site located at the southeast quadrant of McKusick Road and Manning Avenue Mr Putnam reviewed plans for the development Plans included berming/landscaping along Manning Avenue a 3 9-acre active park area in the center of the development and the main terminus existing at a recreation of a station structure As proposed the development would include 50 single-family units nine corner lots with three units and eight lots with four units The multiple units would appear as single-family structures Mr Putnam said He showed a number of multiple -unit housing products Mr Junker said he liked the plans for the Manning corridor and the central park in the middle of the development but said he thought the proposed density was too great Mr Putnam responded that the density would not be visible due to the design of the housing products Mr Teske said the City does need more housing diversity and more affordable housing but such housing should not all be in one location Ms Block spoke of the number of accidents at the Manning/McKusick intersection and noted there are no plans to improve that section of Manning in the near future Ms Block also questioned whether the central park would be available to the public Ms Blocks main concern was with the proposed density Mr Dahlquist also spoke against the proposed density of the project No action was taken The meeting was adjourned at 12 45 a m Respectfully submitted Sharon Baker Recording Secretary 8 THE A I A T H P I A f E OE MINNESOIA DATE APPLICANT Elite Development June 7, 2006 CASE NO 06-16 PUD/SUB/ZAM REQUEST 1) Rezoning to TR/PUD and LR/PUD 2) Preliminary Plat approval for a 50 lot Residential Subdivision 3) Concept Planned Unit Development approval, and 4) Vacation of excess 72nd Street right-of-way LOCATION Between Co Rd 12 and 72nd Street on north end of Long Lake COMPREHENSIVE PLAN SFSL, Smgle Family Small Lot PLANNING COMMISSION DATE May 8 and June 12, 2006 ZONING AP, Agricultural Preservation PREPARED BY Bill Turnblad, Community Development Director A public hearing for the Legacy on Long Lake project was opened at the May 8, 2006 Planning Commission meeting The hearing was continued to the June 12 Planning Commission meeting in order to give the developer time to address a number of issues Most of the issues raised at the June 12 commission meeting have been addressed However, there is still a question as to whether the lakeshore property meets the Minnesota Department of Natural Resources (DNR) standards for Planned Unit Developments (PUD) To resolve the issue a PUD Worksheet has to be completed by the applicant and submitted to the DNR for review Since that has not been completed yet, the project is being continued to the July 10 Planrung Commission meeting cc Bob Weigert Pastor Huebscher The Meister luig Fanuly The McKenzie Family 1witer tit B I B f l P I A OF M N N f S 0 4 DATE APPLICANT Scott Shely June 8, 2006 CASE NO V\06-20 REQUEST A variance to allow the construction of a 1500 square foot single- family home to be located partially on or near 24% plus slopes [31- 5 2(3)a 4] LOCATION South of 621 Willard St W COMPREHENSIVE PLAN DISTRICT SFSL - Single Family Small Lot ZONING RB - Two Family PC DATE June 12, 2006 REVIEWERS Community Dev Director, Interim Public Works Director, City Attorney PREPARED BY Michel Pogge, City Planner,. DISCUSSION The applicant is requesting a variance to Chapter 31-5 2(3)a 4 of the Stillwater City Code to allow for the construction of a 1500 square foot single-family home to be located partially on or near 24% plus slopes This section states 4 No structure may be located on a slope of greater than 24 percent or within 30 feet of a 25 percent or greater slope This site is located south of the property at 621 Willard Street W and is legally described as Lots 7 and 8, Block 1, Holcombe's Addition and part of vacated South Harriet Street per document no 807955, excepting the East 10 feet of Lot 8, Block 1, Holcombe's addition The property has been assigned a property identification number of 33 030 20 21 0005 by Washington County Mr Shely purchased Lots 10,11, and 12, Block 2, Holcombe's Addition (locally known as 716 Harriet Street) in July 1987 In March of 1994 Mr Shely purchased Lots 7 and 8, Block 1, Holcombe's Addition Mr Shely subsequently sold Lot 10-12, Block 2, Holcombe's Addition in March of 2003 and retained ownership of Lots 7 and 8, Block 1, Holcombe's Addition Property south of 621 Willard St W Page 2 EVALUATION OF REQUEST The applicant, Mr Scott Shely, is requesting consideration of a variance to Chapter 31- 5 2(3)a 4 of the Stillwater City Code to allow for the construction of a 1500 square foot single-family home to be located partially on or near 24% plus slopes The subject site is zoned RB, two-family residential In the RB zoning single-family homes, duplexes, and parks & playgrounds are permitted uses The lot is 120' x 150' for a total of 18,000 square feet in area The lot meets all of the requirements of the zoning code with the exception that it fails to have the required 35 feet of frontage on an improved public street as required by Chapter 31-1 12(5)7 of the Stillwater City Code As of the time of this staff report the applicant has not requested a variance to the required 35 foot frontage on an improved public street and this potential variance is not being considered as part of this request In reviewing the slope variance all of the following conditions must be met 1 A hardship peculiar to the property, not created by any act of the owner, exists Personal, family or financial difficulties, loss of prospective profits and neighboring violations are not hardships justifying a variance The topography and slopes encountered on the property are a natural occurrence not created by the property owner Letters submitted with the application from Mr Mark Vierling of Eckberg Lammers Attorney at Law and Mr Todd Erickson, P E of Folz, Freeman, Erickson, Inc an engineering services company, attached as Exhibits "A" and "B" respectively, both claim that utilities, sarutary sewer and storm sewer, installed and maintained by the City are the direct cause of the slopes encountered on the subject site This is simply not the case First, the slopes on this site are a natural occurrence Secondly, the City secured and easement from a previous owner of the subject property as evidence in the easement filed in Book 97 of deed, page 169, in the Washington County Records While the current property owner may not have been a direct party to this easement the fact that a previous owner entered into this easement and the easement was made part of the official record, Mr Shely made himself a party to the easement when he purchased the property Vacation of Harriet Street In a letter dated March 17,1994, attached as Exhibit "C", Mr Shely requested the City vacate a 60' x 150' portion of Harriet Street In this letter Mr Shely called the property "a piece of vacant wooded land on a slope" Additionally, Mr Shely stated that "I own the property on both sides of the described city land and would like to have the property all connected together " In the same letter he stated "that would leave me with 60' frontage on Harriet Street " In the Planning Application Review to the Planning Commission related to the street vacation request, attached as Exhibit "D", City Staff noted that the request was to vacate a 60' x 150' portion of South Harriet Street between Abbott Street Property south of 621 Willard St W Page 3 and West Willard Street Additionally, the report stated "the property owner has indicated he would like all properties combined" referring to the properties he owned on either side of the now vacated portion of South Harriet Street The City of Council approved the request to vacate the portion of South Harriet Street lying between the North line of Abbot Street and the South line of Lot 1, Block 2 and Lot 6, Block 1, Holcombe's Addition in Resolution No 94-112 on May 3rd, 1994 A resolution was subsequently filed with the Washington County recorder as document 807955, attached as Exhibit "E" Minimum lot frontage on an improved public street In the letter from Mr Erickson, he stated "that the lot would access the parcel from Harriet Street Additionally, the current ordinance allow for a minimum of 30-feet of frontage (City Code Chapter 32, Subd 6(10)e) onto an approved street " The code section cited by Mr Erickson states exactly (10) Lot requirements Lot requirements are as follows e Building sites Each lot used as a building site must have a total width at the front or rear lot ]me of not less than 30 feet This code section does not relate to "minimum lot frontage on an approved street" but rather a minimum lot width required by the City's subdivision standards for all lots in the City of Stillwater The minimum frontage requirement for all lots in the RB zoning district can be found in Chapter 31- 1 12(5)7 and states 7 Frontage requirements For all buildings at least 35 feet of frontage on an improved public street This lot only has 30 feet of frontage on Harriet Street, the only improved public street adjoining the subject site, and does not meet the minimum frontage requirement in the RB zoning district This lot only has 30 feet of frontage due to the actions of Mr Shely in requesting that the City vacate Harriet Street and then not connecting the property together with his lot to the west The applicant will need to request and secure a variance to the required frontage on an improved public street in order to build on this lot As of the date of this staff report the applicant has not made application for this variance Front Yard Setback In the same letter from Mr Erickson he stated "With the submitted site map we are requesting a variance to the slope setback only " The site plan shows the proposed home setback 10 feet from the north property line, which would be acceptable in the north line were still a side lot line But, the north property line is now the front yard, since Harriet Street is no longer a public street due to the vacation request by Mr Shely The applicant will need to request and secure a v Property south of 621 Willard St W Page 4 variance to the required front yard setback in order to build as proposed on the site plan, attached as Exhibit "H" As an alternative to their current plan the applicant could reconfigure their proposal or introduce a smaller footprint to stay out of the required 20 foot front yard setback The encroachment into the front yard setback is being done at the applicant's choosing As of the date of this staff report the applicant has not made application for this variance Both the failure to meet the minimum lot frontage on an improved public street and the encroachment into the required front yard setback are hardships created by the applicant and are not eligible for a variance 2 A variance is necessary for the preservation and enjoyment of substantial property rights, and, if granted, would not constitute a special privilege not enjoyed by neighbors The subject site is zoned RB, two-family residential In the RB zoning single- family homes, duplexes, and parks & playgrounds are permitted uses If this variance would be denied the current use as a private open space area could continue as a permitted use so reasonable use of the property would not be precluded In addition, currently the Washington County Assessor has set the market value of the property at $14,000 According to Mary Jane Peterson of the Washington County Assessor's office the current value is inline for an unbuildable open space lot If the lot were considered buildable an appropriate assessed value would be in the range of $80,000 to $90,000 This is to say that the assessor believes open space to be a reasonable use of the property 3 The authorizing of the variance will not be of substantial detriment to adjacent property and will not materially impair the purpose and intent of this section or the public interest nor adversely affect the comprehensive plan The purpose of the steep slope regulations, as full described in Chapter 31-51, is to protect the health, safety and community welfare and to otherwise preserve the natural environmental resources of the city in areas having significant and critical environmental characteristics Storm Water One intention of these regulations includes protecting the public from water runoff and soil erosion On behalf of the applicant Mr Erickson prepared a storm water report on the impacts of constructing a home on the site, attached as Exhibit "G" The report models the impact the proposed home will have on the subbasin of the ravine The storm water report fails to address what impact filling within the ravine will have on existing homes in the area Mr Erickson noted that the proposed home will be built 3-feet above the "emergency overflow to the area" but fails to address the impacts filling a portion of the ravine will have on the existing homes along the ravine This is particularly important since during major storm events storm water currently ponds at the bottom of the Property south of 621 Willard St W Page 5 ravine before entering the City's sanitary sewer system or infiltrating into the ground At a minimum the applicant needs to show that with the current system conditions the proposed fill will not adversely affect adjacent properties Mr Erickson also stated in his letter that "The flooding is currently not an issue due to the fact that the area drains to the sanitary sewer City staff has indicated that this system will be altered to not take storm water in the future A hardship exists due to this issue, requiring us to place the potential home site in a location of defined steep slopes in order to accommodate the city utility " It is true that the City is looking at system changes to correct this issue, however, the fact that the City may or may not make a change in the future to correct a problem with storm water infiltration into the sanitary sewer system is not grounds to allow a property owner to exacerbate conditions Additionally, allowing the area to dram into the sanitary system today is actually a benefit to the property over what would be occurring if this condition did not exist Vegetation Alterations Chapter 13-5 2(3)c requires that trees, located within area with steep slopes, over six (6) inches in diameter or larger measured at 54 inches above the ground level and located within the required setbacks not be removed or cut unless the tree is diseased These regulations, as set in Chapter 13-5 2(3)a, protect existing slopes from becoming unstable Due to the location of existing homes in the area this requirement is especially important Mr Shely previously submitted to the City a certificate of survey prepared by Mr Barrett Stack, LS, attached as Exhibit "F" The survey prepared by Mr Stack shows the location of steep slopes on the subject site The proposed site plan prepared by Mr Erickson fails to identify the exact extent and location of the steep slopes The applicant needs to prepare a site plan that shows the location of any tree meeting is requirement and show how they will be protected Currently if the site would be graded according to the Erickson site plan it appears that trees requiring protection would be disrupted FINDINGS In consideration of the above, Staff has made the following finding on this request 1 That the hardship is not peculiar to the property and is created by an act of the owner In this context, personal financial difficulties, loss of prospective profits and neighboring violations are not hardships justifying a variance 2 That a variance is not necessary for the preservation and enjoyment of substantial property rights currently possessed by other properties in the same district and in the same vicinity, and that a variance, if granted, would constitute a special privilege of the recipient not enjoyed by his neighbors Property south of 621 Willard St W Page 6 3 That the authorizing of the variance will be of substantial detriment to adjacent property and materially impair the purpose and intent of this title, the public interest, and adversely affect the Comprehensive Plan ALTERNATIVES The Planning Commission has the following options 1 Deny the requested variance to allow the construction of a single-family home to be located partially on or near 24% plus slopes since an affirmative finding on the required conditions for a variance could not be made by staff 2 Approve a variance to allow for the construction of a single-family home to be located partially on or near 24% plus slopes If the Commission chooses to grant the variance the commission needs to make an affirmative finding on the required conditions for a variance Additionally, staff would suggest that the following conditions for approval a All revisions to the approved plan shall be reviewed and approved by the Community Development Director b The applicant shall limit the encroachment into the required steep slope setback to the maximum extent possible c The applicant shall apply for and be granted a variance to the front yard setback prior to the issuance of a building permit d The applicant shall apply for and be granted a variance to the required 35 foot frontage on an improved public street prior to the issuance of a building permit e The applicant shall submit a vegetation plan that protects existing vegetation in accordance to Chapter 13-5 2(3)c f The applicant shall submit a design review application to the Heritage Preservation Commission, as required by the Neighborhood Conservation District requirements, for review and action prior to the issuance of a building permit g The applicant shall submit a revised storm water report showing that the proposed grading and filling will not impact existing homes in the area 3 Continue the public hearing until the July 10, 2006 Planning Commission meeting The 60 day decision deadline for the request is July 8, 2006, however, the City can grant a one-time 60 day extension of the deadline to September 7, 2006 RECOMMENDATION Since an affirmative finding could not be made for the three variance review criteria, staff recommends denial of the requested variance ECKBERG LAMMERS Pi113 .,ra2��rs�,��w '1TOfNFYSAl LAW Exhibit A 1809 Northwestern Avenue Suite 110 Stillwater Minnesota 55082 (651) 439 2878 Fax (651) 439 2923 www eckberglammers com May 10, 2006 City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Writer's Direct Dial (651) 351-2118 mvierling@eckberglammers com Re Our Client Scott Shely Our File No 20720-14513 Application for Variance Affecting Lots 7 and 8, Block 1, Holcombe's Addition and Part of Vacated South Harriet Street Per Document No 807955 Excepting the East 10 Feet of Lot 8 of Said Lot 1 Gentlemen James Lammers Robert Briggs Mark Vierling Thomas Weidner Susan Olson David Snyder Sean Stokes Laura Domagala Joshua Christensen Timothy Brausen This office has been retained by Mr Scott Shely to assist with regard to the processing of his application for variance with the City to develop the above -referenced property for a single family residential home site You already have in your possession the correspondence from Folz, Freeman and Erickson describing the nature of the improvement and the unique features of the lot with a site description and drawing The City's file should also reflect the existence of the Planning Administrative Application Form which has been filled out and signed by the client The City's variance standards parallel those existing within the State's statutory framework and essentially the application for a variance must show the following 1 A hardship peculiar to the property not created by the act of the owner Personal family or financial difficulty, loss of prospective profits and neighboring violations are not hardships 2 That the variance is necessary for the preservation and enjoyment of substantial property rights and would not constitute a special privilege enjoyed by neighbors ECKBERG LAMMERS BRIGGS \VOLFF VIERLING PLLP Family Law / Divorce Business and Commercial Law Criminal Law • Personal Injury / Wrongful Death Estate Planning / Probate • Real Estate • Land Use Law • Mediation • Municipal Law • Civil Litigation City of Stillwater May 10 2006 Page 2 of 2 3 That the authorization of the variance will not be of substantial detriment to the adjacent property and will not materially impair the purpose and intent of the ordinance or the public interest and not adversely affect the comprehensive plan The property in question is zoned permitting single family use The subject lot is in itself surrounded by single family use by neighbors The proposal by the applicant is for the ability to construct a single family residence on the building site as depicted by the surveyor The lot itself is compliant in terms of its dimensional requirement It is only relative to the issue of slope that a variance is necessary Slope in this particular instance has been uniquely created on this lot and complicated as a result of the existence of city utilities There is an easement on the property for sanitary sewer and there also appears to exist an abandoned storm water catch basin, both of which are utilities managed by the City of Stillwater directly adjacent to the south of the property The location of those utilities has complicated and impacted the location for the building pad on the property Those utilities obviously were constructed by the City of Stillwater and were not created by my client or the predecessors in title on this property Those utilities also complicate and influence the existing slopes on the property which are capable of being managed in the manner set forth by the report and letter of Mr Erickson of Folz, Freeman and Enckson, which has been provided to you with the application From the standpoint of reviewing the property with regard to unique circumstances, there is no question but that the property has very specific and peculiar surface with unique geographical features which were not created by the property owner The property does have the required dimension for a single family lot within the City of Stillwater and otherwise meets all setbacks The variance requested is only that which is necessary in order to allow the property to be used for single family development which is consistent with the neighboring development scheme from a land use perspective and compliant with the terms and provisions of both the City's code and the comprehensive plan There is no question but that since the area is guided for single family residential development, the reasonable utilization of the property as acknowledged by the City code and comprehensive plan is for single family development Denial of the variance will have the effect of denying all utilization of the property for the purposes for which the area is guided under the City's code and would be an effective denial of all use of the site Development of the site for single family residential purposes will not have a negative impact on any adjacent residential sites as none have any property right relative to precluding development on an adjacent site which currently meets all dimensional requirements of your code for that purpose Certainly, there will be no negative impact on any property relative to the construction of another single family residence amongst a neighborhood of single family residences City of Stillwater May 10 2006 Page 3 of 2 The existence of the slopes on the property, which requires grading in order to create the appropriate building site, is not a new issue within the City and indeed is one for which several variances have been granted by the City in the past relative to construction of a single family dwelling or other associated residential structures vrs a vrs slope In our view, the property clearly qualifies for hardship due to its peculiar geographic and surface conditions which were not created by the homeowner Rowell v Board of Adjustment of City of Morehead, 46 N W 2d 917 (Minn App 1989), Sagstetter v City of St Paul, 529 N W 2d 488 (Minn App 1995) The history of judicial decisions dealing with not only the hardship issue but the denial of a substantial property right should the variance be denied is also impacted under the circumstances of this particular application since the applicant seeks to place the property in use for which would otherwise be a permitted and indeed is a guided and preferred land use under the City's zoning ordinance and comprehensive plan Although it can be expected that some neighbors may object to the nature of the development being proposed, the law is very clear that the objections of adjacent property owners in and of itself is not sufficient grounds for purposes of denial of a variance under the laws of the State of Minnesota C R Investments, 304 N W 2d at 325, Amoco Oil Company v City of Minneapolis, 395 N W 2d 115, 118 (Minn Ct App 1986) Based upon the facts and circumstances presented by this application, we respectfully request that the Planning Commission approve the variance as submitted by Mr Shely as it is compliant not only with the intent and purpose of the City's comprehensive plan and zoning code, but is consistent with neighborhood development and further consistent with past variances relative to slope that have already been granted by the City of Stillwater in its history We look forward to meeting with the Planning Commission relative to this ap. • : on and wi n attendance at the public hearing that will be scheduled in this matt MJV/sdb cc Scott Shely Folz, Freema , EricksonInc. " -/ LAND PLANNING • SURVEYING • ENGINEERING Exhibit B Apt 11 10th 2006 City of Stillwater Planning Commission 216 North 4th Street Stillwater, MN 55082 RE Scott Shely Property Dear Planning Commission We have been retained by Mr Scott Shely to analyze and help develop a potential home layout that would work with his existing lot located at the intersection of Harriet and Abbott Street Abbott Street is an unapproved street The lot would access the parcel from Harriet Street The current ordinances allow for a minimum of 30-feet of frontage (City Code Chapter 32, Subd 6(10)e) onto an approved street which we have shown on our site map Utilities are available and can be brought to the lot by the future lot owner The driveway to the home has a proposed driveway slope of less than 12% The location of the home has been placed on the site to avoid a potential flooding issue The flooding is currently not an issue due to the fact that the area drains to the sanitary sewer City staff has indicated that this system will be altered to not take storm water in the future A hardship exists due to this issue requiring us to place the potential homesite in a location of defined steep slopes in order to accommodate the city utility The location, although located in an area of steep slopes can function from an engineering standpoint with the existing topography to easily accommodate a walkout home with a low floor elevation 3-feet above the emergency overflow to this area With the submitted site map we are requesting a variance to the slope setback only It is our intention to have the City require the future lot owner or builder to conform to this plan and be approved by engineering prior to allowing for a building permit We have made efforts with the design to show how to control runoff and erosion on the site with the erosion control features and swales that allow for the water to be routed on the property and not the neighboring parcels We respectfully submit this information to allow for you to make a decision Sincerely, Folz Freeman, Erickson Inc Todd A Erickson PE 5620 Memonal Avenue North Stillwater MN 55082 • Phone (651) 439 8833 • Fax (651) 430 9331 • Websrte www ffe inc com Bruce A Folz LS _ T Timothy.1 Freeman LS Todd A Enckson PE 1939 2001 President Vice President Exhibit C c3_Q-ciq c,\Lt e„,,„_,, cA- Q_ pc.)ak- or\) t(b. \Aik cs.__Cc_A- ec.)\ ` - o w\L . I C\ 1 FCC ck.Cc.), N 4 LiJ oc c9_c & ct,k^k 4 5 o PR. bt G“)fk- avA ;$ No1ee k es GcM,1-1•\o \blocks. -04a_ c ovv.t Lek. (")\ . vyqz_ w� C �k)._ peg I ., 5,; ) 2„,„, [ec.J( c,-e$trb QA aLN1s- Qco e_c0,e3\ y Exhibit PLANNING APPLICATION REVIEW Case No SUB/94-13 Planning Commission Date April 11, 1994 Project Location 716 South Harriet Street Zoning District Two -Family, RB Applicant's Name Scott Shely Type of Application Minor Subdivision Project Description A resubdivision of a 10' x 150' portion of Lot 8, Blk 1, Holcombe's Addition Discussion In relation to the previous Case No SV/94-12, Mr Shely would like to sell a 10' x 150' ft portion of Lot 8 to Lot 9 The owner of this property also owns Lot 4 (located at 613 West Willard), Lot 9 and Lot 10 This will make the west property line straight Findings The proposal meets the intent of the subdivision ordinance Recommendation Approval Attachments Application Form Site Plan (H11--q RESOLUTION VACATING PART OF SOUTH HARRIET STREE f WHEREAS a p-tition was presented pray mg for vacation of a portion of South Harriet Street Ctty of Stillwater Minnesota hcreinifte described and WHEREAS the Council determined that the petition was sufficient and that the Cur is a Home Rule Charter City of the third class and that it was proper for the Cup Council to proceed with the vacation pursuant to Minn Stat §440 135 and WHEREAS at a mectut1, duly called for that purpose the Citv l ounu did on the 3rd day of May '994 determine that the proposed vacation would not interfere with or defeat the public interest or adversely affect the public and that it would be in the best interest of the City of Stillwater that a portion of the street be returned to the tax roles NOW THEREFORE BF IT RESOLVED by the City Council of the Citv of Stillwater that the petition be granted in the forrn h reafter sit forth ,.nd that the following part of South Hamet Street as presently laid out and platted b and the sante s hereby vantecl All that part of South Harriet Street lying between the Noith inc of Abbot Street and the South lin' of Lot I Block 2 and Lot 6 Block 1 Holcombe s Addtt on "!5 BE IT FURTIIER RESOLVED that a copy of this Resolution duly certified by the Citr Clerk shall be recorded in the office of ih' County Recorder Washington County Minnesota Adopted by affirmative vote of all the members of the City Council this 3rd day of Mar 1994 Sheet 1 of 2 Sheets Notes Exhibit F "M " Indicates meas value "R " Indicates rec value Bearing system is an assumed datum o Indicates //13774 iron pipe set • Indicates #10460 iron pipe found OU Indicates overhead utility lines Offsets shown to existing structures are measured to the outside building wall line, unless shown or noted otherwise hereon CERTIFICATE OF SURVEY SURVEY MADE EXCLUSIVELY FOR Mr Scott Shely 25101 Spaulding Road Grantsburg (as supplied by Dave Harvieux Edina Realty) Lot 7 and 8, Block 1 Holcombe's Addition and part of vacated So Harriet Street per Doc No 807955 EXC East 10 feet of Lot 8 said Block 1 Note Shaded Areas indicate location of slopes in excess of 24% See Sheet 2 of 2 Sheets for Proposed Revised Easement Description Due to snow cover and piles of snow and ice the location of the Bituminous (Bit ) Pavt and gravel driveway shown hereon are approximate DESCRIPTION Notes /or / sl.,vE for/.7 49847 fr ti te-dir G93 i _ o9i z 3D D0 %L9T7E0 — z CENTG/e IJNE 9- ,'-s X /Z r E-/q/ S//EP 00 8/w CD BARRETT M STACK Underground or overhead STILLWATER, MINN 55082 public or private utilities, on or adjacent MINNESOTA REGISTERED the parcel were not located in conjunction LAND SURVEYOR with this survey, unless shown or noted Tel No 439-5630 otherwise hereon Contours and spot elevations shown hereon are based on National Geodetic Vertical Datum (NGVD) 1929 Adjustment BENCHMARK centerline of San Manhole cover at center+- of Harriet and Abbot Street Elev 867 96 NGVD 1929 Adj / WI 54840 — — 589 °Z8 OZ' Gt/ / A /ZD / S - — ve O,c BD7�SS3 -7DOD P E1 \ �,�� Of967 Bc9D--GBL6 foj L.,vt 6 / Ler—7`-9D/S /PE2 Og76 / / i 0�'.9LG /f3 4Y7- 7 sr L/ vE iee- / Atov/KOGEs ,9N0 LiN. 945c /A/ B/e 1 97 p4rE /G9 7 / i L� rC 5�y' pg (q- c� / Tom .5:q.SEA co✓E„e EL - Pc7 94 Op i1DP,t�ox �g og Loc /Eco�s f ye z� ®/ - z/ SO-- rl 28 58 ,e /Zc' - /l /ZO /5— - - 0.1 /V994' Z8 ' 3/'E G8 — _-GB- (-/(///i/ eadEO) / 24,7 r ou IBi T TT s�E 9cs s t 141 s;v£ do / /\-- — — 90 /5 av C5b7: /P EL - J / 8cc Z I hereby certify that this survey, plan or report wasr,-- prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the I;ws of the State of Minnesota / /DOD t6 Date 3-16-05 Reg No 9 70 13774 / Exhibit G Reach Drainage Diagram for Shely Drainage Study 10 Day 100 Year (No Outlet) Prepared by (enter your company name here) 5/10/2006 HydroCAD® 7 14 s/n 002112 ©2006 HydroCAD Software Solutions LLC Shely Drainage Study 10-Day 100-Year (No Outlet) Prepared by {enter your company name here} H droCAD®7 14 s/n 002112 © 2006 H droCAD Software Solutions LLC Area Listing (all nodes) Area acres CN Description (subcats) 11032 99 (El) 11 032 Page 2 5/ 10/2006 Shely Drainage Study 10-Day 100-Year (N snow unit hyetograph 10 Day 100 Year Ra►nfallP---ag 03 Prepared by {enter your company name here} 5/1 age 3 H droCAD®7 14 s/n 002112 © 2006 H droCAD Software Solutions LLC Time span=0 00 300 00 hrs dt=0 01 hrs 30001 points Runoff by SCS TR 20 method UH=SCS Reach routing by Sim Route method Pond routing by Sim Route method Runoff Area=480 560 sf Runoff Depth=7 08 Subcatchment El Flow Length=830 Tc=21 6 min CN=99 Runoff=1 55 cfs 6 509 af Peak Elev=875 22 Storage=283 521 cf In 1509 55 cfs 6 af flow=00 cfs 0 000 Oaf Pond B1 Total Runoff Area = 11 032 ac Runoffs Area Volume0000 ac 6 100 00% Impervious Area= 11 032 ac 0 00% Pervious Shely Drainage Study 10-Day 100-Year (N snow unit hyetograph 10 Day 100 Year Rainfall=720' Prepared by {enter your company name here} Page 4 HydroCAD® 7 14 s/n 002112 ©2006 HydroCAD Software Solutions LLC 5/10/2006 Runoff Subcatchment El = 1 55 cfs @ 96 17 hrs Volume= 6 509 of Depth= 7 08 Runoff by SCS TR 20 method UH=SCS Time Span= 0 00 300 00 hrs dt= 0 01 hrs snow unit hyetograph 10 Day 100 Year Rainfall=7 20 Area (sf) CN Description 480 560 99 480 560 Impervious Area Tc Length Slope Velocity Capacity (min) (feet) (ft/ft) (ft/sec) (cfs) 8 8 50 0 0200 0 09 12 8 780 0 0410 1 01 Description Sheet Flow, Grass Dense n= 0 240 P2= 2 75 Shallow Concentrated Flow, Woodland Kv= 5 0 fps 216 830 Total 3 0 LT Subcatchment El Hydrograph snow unit hyetograph 10 Day 100,Year Rainfall='' 20 Runoff Area=480,560 sf Runoff,Volume=6 5b9 of Runoff Depth=7 08 - -Flow Length=830 - Tc=21 6 min C111=99 20 40 60 80 100 120 140 160 180 Time (hours) 200 220 240 260 280 300 1 Runoff Shely Drainage Study 10-Day 100-Year (N snow unit hyetograph 10 Day 100 Year Rainfall=720' Prepared by {enter your company name here} Page 5 HydroCAD® 7 14 s/n 002112 © 2006 HydroCAD Software Solutions LLC 5/10/2006 Inflow Area = Inflow = Outflow = Primary = Pond B1 11 032 ac Inflow Depth = 7 08 1 55 cfs @ 96 17 hrs Volume= 0 00 cfs @ 0 00 hrs Volume= 0 00 cfs @ 0 00 hrs Volume= for 10 Day 100 Year event 6 509 of 0 000 af, Atten= 100% Lag= 0 0 min 0 000 of Routing by Sim Route method Time Span= 0 00 300 00 hrs dt= 0 01 hrs Peak Elev= 875 22 @ 241 21 hrs Surf Area= 58 573 sf Storage= 283 521 cf Plug Flow detention time= (not calculated initial storage excedes outflow) Center of Mass det time= (not calculated no outflow) Volume Invert Avail Storage Storage Description #1 866 00 7 199 047 cf Elevation (feet) 866 00 868 00 870 00 872 00 874 00 976 00 978 00 Custom Stage Data (Irregular) Listed below (Recalc) Surf Area Perim Inc Store Cum Store (sq ft) (feet) (cubic feet) (cubic feet) 1 084 180 0 0 0 12 014 532 0 11 138 11 138 24 609 801 0 35 878 47 016 41 788 1 110 0 65 643 112 660 58 383 1 455 0 99,710 212 369 75 419 1 642 0 6 805 390 7 017 759 106 775 1 970 0 181 288 7 199 047 Device Routing Invert Outlet Devices Wet Area (sq ft) 1 084 21 041 49 606 96 636 167 103 331 636 425 983 #1 Primary 877 00 20 0' long x 10 0' breadth Broad -Crested Rectangular Weir Head (feet) 0 20 0 40 0 60 0 80 1 00 1 20 1 40 1 60 Coef (English) 2 49 2 56 2 70 2 69 2 68 2 69 2 67 2 64 Primary OutFlow Max=0 00 cfs @ 0 00 hrs HW=866 00 (Free Discharge) t-1=Broad-Crested Rectangular Weir ( Controls 0 00 cfs) Shely Drainage Study 10-Day 100-Year (N snow unit hyetograph 10 Day 100 Year Rainfall=720' Prepared by {enter your company name here} Page 6 HydroCAD® 7 14 s/n 002112 © 2006 HydroCAD Software Solutions LLC 5/10/2006 Elevation (feet) Pond B1 Hydrograph , Inflow ;Area=11 0,32 ac Peak Elev=875 22' Storage=283,521 'cf 000cfs 0 20 40 60 80 100 120 140 160 180 200 220 240 260 280 300 Time (hours) 975 970 965 960 955 950 945 940 935 930 925 920 915 910 905 900 895 890 885 880 875 870 0 10 000 Pond B1 Stage Discharge 20 000 30 000 Discharge (cfs) 40 000 50 000 B Inflow ® Primary ® Primary` ehJb;+ i-F k A SC LE FEET 0 5 10 20 I INCH 10 FEET (ORIGIN L FULL SCALE) SHELY PROPERTY STILLWATER, MN GRADING/LAYOUT PLAN WALK OUT GARAGE EL 888 5 FIRST FLOOR EL 8890 / BASEMENT EL 8790 PROPOSED HOUSE PROFILE ELEVATIONS NO SCALE / / / Folz, Freeman, Erickson, Inc LAND PLANNING • SURVEYING • ENGINEERING E LEGEND 5620 MEMORIAL AVENUE NORTH STILLWATER MINNESOTA 55082 Phone (651) 439 8833 Fax (651) 430 9331 — —828- — - 830 OWNER EXISTING CONTOUR PROPOSED CONTOUR PROPOSED HEAVY DUTY SILT FENCE Scott Shely 25101 Spaulding Road Grantsburg WI 54840 PROPERTY DESCRIPTION Lot 7 and 8 Block 1 Holcombe s Addition and part of vacated So Harriet Street per Doc No 807955 Exc East 10 feet of LOt 8 said Block 1 1 10 DAY 100 YEAR SNOW MELT EVENT = 875 2 o d g t tl f b 6 dp t l 2 t 2 2 w d t l 1 p t 8 m p g G t tl I b I p f b 6 d i t l 2 t Lyfb th t h /Fobcoch w t h B k(II t h lh t mpd t I of HEAVY DUTY SILT FENCE NO SCALE z w z�m 3 301 0 0 TOPO & LOT INFORMATION PROVIDED BY BARRY STACK Map N 06 2 SHELY PROPERTY STILLWATER MINNESOTA 04/10/2006 SHEET 1 OF 1 Exhibit I TO FROM DATE SUBJECT MEMORANDUM Bill Turnblad, Community Development Director Shawn Sanders, Intenm Public Works Director June 7, 2006 Scott Shely Property A portion of this property is located in a low point of an 11 acre drainage area The area would be landlocked, except that storm runoff drains into the existing sanitary sewer main via a catch basin, located at the southeastern corner of the property This drainage area has been identified by City staff as a potential source for inflow problems and is being evaluated by city staff The Met Council has begun an inflow surcharge program, where cities will be charged an amount based on this inflow excessive inflow The City of Stillwater has been notified that they are on the Met Council's "list" and we are now explonng options to correct the problem A storm analysis of the drainage area has been provided, with the condition of no flow into the sanitary sewer The basin high water level does not appear to affect the proposed house basement elevation, but would be high enough to flood two of the existing homes City sewer and water is available to the property, sewer would be connected to the main at the southeast corner of the lot A water service would have to be extended down Harriet Street from the main on Willard to serve the house with water ANNING ADMINISTR , ION APPLICATION FORM Exhibit 3 COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER MN 55082 Case No Date Filed Fee Paid Receipt No ACTION REQUESTED Special/Conditional Use Permit X Variance Resubdlvision Subdivision* Comprehensive Plan Amendment* Zoning Amendment* Planning Unit Development * Certificate of Compliance *An escrow fee is also required to offset the costs of attorney and engineering fees The fees for requested action are attached to this application The applicant is responsible for the completeness and accuracy of all forms and supporting matenal subm►ttea in connection with any application All supporting material (► e, photos, sketches etc) submitted with appIicat►on becomes the property of the City of Stillwater Sixteen (16) copies of supporting material is required If appl►catron is submitted to the City Council, twelve (12) copies of supporting material is required A site plan showing drainage and setbacks is required with applications Any incomplete application or supporting matenal will delay the apphcat►on process After Planning Commission approvals, there is a 10-day appeal period Once the 10-day appeal period has ended the applicant will receive a zoning use permit which must be signed and submitted to the City to obtain the required building permits Lb} }� 9lbck 1 �oIo,ni APROPERTY IDENTIFICATION 1 `1 Address of Project w k\. V1,12F \ UG,cAN0N o� CtG�p �S-�, Assessors Parcel No 036 , as a\ 6005' Zoning District KB O bescn tion of Project S'LQ.k� (GEO Code) P 1 hl)�RtCAu\CQ 'toR S,�'Q, 520.�.� ti� P kph •" 2 I rc» � �ocv� 4 o be loccLi pcao ova oA hedk I "I hereby state the foregoing statements and all data, information and evidence submitted herewith in all respects, to the best of my knowledge and belief, to be true and correct I further certify I will comply with the permit if it is granted and used " Property Owner SQot S\\QV,\ Mailing Address aS Ib \ 4,cky\&i v\s 9& City - State - Zip G IZgv\sbug_5k \ Scie0 Telephone No Signature 1 Is-- L-Io3 IS 3? (Signature is Lot Size (dimensions) 16-IS x Ind Land Area 153,006 Height of Buildings Stefries Feet Principal I .5 �a1K0�'t" Accessory -tba F4 eshiC Lp 1-0 g�.��e2 ak 6votbtvnS ()imp" 6 , pke" I -obi p�, ^t c,p p (ld�o` oh\� Representative Mailing Address City - State - Zip Telephone No Signature red) (Signature is required) SITE AND PROJECT DESCRIPTION �SOO ,oj rG Total Buildingfloor area alga• - liOrfquv bolt* square feet Existing 0 square feet Proposed a I TL square feet(ls60 ko ") Paved Impervious Area olS6 square feet No of off-street parking spaces 3 t H \mcnamara\sheila PLANAPP FRM April 20 2005 A-4,vatiL Check list for Planning Applications Incomplete or unclear applications/plans will be returned to the applicant and may result in delay of application processing Check and attach to application ❑ The application form completed and signed by the property owner or owners authorized representative O Building plans clearly dimensioned and scaled (16 copies) O The site plan showing exterior property lines, easements, lot width and depth and lot area building(s) location (See attached site plan example, a parcel boundary survey may be required) O All adjacent streets or right of ways labeled O Location, elevation, size, height of building or addition, dimensions, materials and proposed use of all buildings and structures (including walls, fences, signs, lighting and hooding devices) existing and proposed for the site (if the site is in a Histonc Distract, additional design detail maybe required) ❑ Distances between all structures and between all property lines or easements and structures ❑ Show Adjacent buildings to this application site and dimension from property line ❑ All major existing trees on the site (4 inch caliber or greater), giving type, location, size and other site coverage conditions ❑ Show existing significant natural features such as rock outcroppings or water courses (existing and proposed marked accordingly) ❑ Locate all off-street parking spaces driveways, loading docks and maneuvering areas with dimensions for driveway widths and parking space sizes O Pedestrian, vehicular and service points of ingress and egress distances between driveways and street corners ❑ Landscape plan showing number of plants location, varieties and container sizes (landscape plan) ❑ Existing and proposed grading plan showing direction and grade of drainage through and off the site, indicate any proposed drainage channels or containment facilities O Required and existing street dedications and improvements such as sidewalks, curbing and pavement (may not be required) ❑ Letter to the Planning Commission describing the proposed use in detail and indicating how this use will effect and compatibility with adjacent uses or areas ❑ Applications for new structures on slopes of 12 percent or greater must include an accurate topographic map The map must contain contours of two -foot intervals for slopes of 12 percent or greater Slopes over 24 percent shall be clearly marked O Other such data as may be required to permit the planning commission to make the required findings for approval of the specific type of application SbF S £T10 -OD Applicant/owner ature Date E�h�6�f N SCALE IN FEET 5 10 I INCN = ID FEET (ORIGINAL FULL SCALE) 20 SHELY PROPERTY STILLWATER, MN GRADING/LAYOUT PLAN 30 II II(.1) ;4•7 Xi 886 • �ro�$�o 30 EXIST.SAN MH tw 887.0 RETAINING WALL IVY 87" PROPOSED HOUSE (1500 S.F. FOOTPRINT) Folz, Freeman, Erickson, Inc. LAND PLANNING • SURVEYING • ENGINEERING N LEGEND 5620 MEMORIAL AVENUE NORTH E STILLWATER, MINNESOTA 55082 Phone (651) 439.8833 Fax (651) 430.9331 830 OWNER EXISTING CONTOUR PROPOSED CONTOUR PROPOSED HEAVY DUTY SILT FENCE Scott Shely 25101 Spaulding Road Grantsburg, WI 54840 PROPERTY DESCRIPTION Lot 7 and 8, Block 1, Holcombe's Addition, and part of vacated So. Harriet Street per Doc. No. 807955, Exc. East 10 feet of LOt 8 said Block 1. ,rl$4). RETAINING WALL W. ABBOTT SIP 88 -T BASIN HIGH WATER ELEVATION 10-DAY 100-YEAR SNOW MELT EVENT = 875.2 Overlap geotextile fabric 6" and fasten at 2' intervals n Direction of runo Support post anchorage Inplace soli 6" MIN. 10 ado 2" x 2" wood or steel fence post, 8' max, spacing Geotextile fabric — overlap fabric La and fasten at 2' intervals Lay fabric in the trench Fabric achorage trench tamped7 natural hact r wit ral soil z m ZW N O a. s PROPOSED HOUSE PROFILE ELEVATIONS NO SCALE HEAVY DUTY SILT FENCE C1.1 NO SCALE TOPO & LOT INFORMATION PROVIDED BY BARRY STACK Map No. 06-112 SHELY PROPERTY, STILLWATER, MINNESOTA - 04/10/2006 SHEET 1 OF I Property south of 621 Willard St W Page 7 Exhibits A - Letter from Mr Mark J Vierling of Eckberg Lammers Attorneys at Law dated May 10, 2006 B - Letter from Mr Todd A Erickson, P E of Fols, Freeman, Erickson, Inc dated April 10, 2006 C - Letter from Mr Scott Shely to the City Council of the City of Stillwater dated March 17,1994 D - Planning Application Review report to the Planning Commission dated April 11,1994 E - Resolution No 94-112 of the City Council of the City of Stillwater F - Certificate of Survey prepared by Barrett M Stack dated March 16, 2005 G - Storm Water report from Mr Todd A Erickson, P E of Fols, Freeman, Erickson, Inc dated May 10, 2006 H - Site Plan from Mr Todd A Erickson, P E of Fols, Freeman, Erickson, Inc dated April 10, 2006 I - Memorandum from Shawn Sanders, City of Stillwater Interim Public Works Director date June 7, 2006 J - Application for a variance from Scott Shely dated May 10, 2006 K - Location Map of ter onununit\ Development Department Exhibit "K" Case No. V106-20 Scott Shely slope variance request Site Map JUNE 5, 2006 CITY OF STILLWATER 216 NO 4TH STREET STILLWATER, MN 55082 BILL TURNBLAD, COMMUNITY DEVELOPMENT DIRECTOR DEAR MR TURNBLAD, I AM WRITING YOU THIS LETTER IN RESPONSE TO LETTER DATED MAY 31, 2006 REE, CASE NO V/06-20 A VARIANCE FOR SCOT SHELY I LIVE AT 600 SO HOLCOMBE STEET, ON SO 50 FT OF LOTS 1,2,3 BLK 1 HOLCOMBE'S ADD MY PROPERTY IS SORT OF KIDDY CORNER FROM MR SHELY (THROUGH A WOODED AREA I FEEL THAT THIS HOUSE SHOULD NOT BE BUILT DUE TO IT BEING IN A REVINE AT THE END OF HARRIET ST WHEN THE STREET (HARRIET ST) WAS RECONSTRUCTED IN 2001 HE WANTED THE STREET PAVING TO STOP SHORT OF HIS LOT NOW THE STREET WILL HAVE TO BE EXTENDED TO FULFILL THIS PROPERTY IF THE STREET IS EXTENDED WHO PAYS FOR THAT9 IT IS MY FEELING THAT THE PROPERTY SHOULD NOT BE DEVELOPED EVER AVID/W SIMONET 600 SO HOLCOMBE ST STILLWATER, MN Memo To Planning Commission From Bill Turnblad, Community Development Director Date June 8, 2006 Subject Public Hearing for Case No V/06-21 The applicant for Case No V/06-21 has requested a continuance to the July 10, 2006 Planning Commission Meeting Since the this case has been advertised for a public hearing, you will need to open and continue the hearing DATE June 6, 2006 APPLICANT Daniel Feiner CASE NO V\06-22 REQUEST A variance to allow up to a five (5) foot encroachment into the side yard setback [31-1-11(4)a 6] LOCATION 227 Echo Ln COMPREHENSIVE PLAN DISTRICT SFLL - Single Family Large Lot ZONING RA - One -family District PC DATE June 12, 2006 REVIEWERS Community Dev Director PREPARED BY Michel Pogge, City Planner, DISCUSSION The applicant is requesting a variance to Chapter 31-1-11(4)a 6 of the Stillwater City Code to allow for a deck to encroach up to a 5 feet into the required 10 foot side yard setback The applicant is making this request in order to remove the existing deck and build a larger deck in its place Additionally, due to the location of windows along the rear of the home the deck blocks the opening of one of the windows By enlarging and moving the location of the northwest corner of the deck, north and closer to the side lot line, this will enable the window to be opened EVALUATION OF REQUEST The applicant is requesting consideration of a variance to Chapter 31-1-11(4)a 6 of the Stillwater City Code to allow foi up to a 5 feet into the requited 10 foot side yard setback for a deck A variance may be granted only when all of the following conditions are found 227 Echo Ln Page 2 1 A hardship peculiar to the property, not created by any act of the owner, exists Personal, family or financial difficulties, loss of prospective profits and neighboring violations are not hardships justifying a variance The property at 227 Echo Ln is an irregular sized lot on the curve of Echo Lane The home sits on the far northwest corner of the lot and sits at an angle on the lot According to the Washington County Assessor the home was constructed in 1965 and the home was purchased by the current owner in June of 2001 The location of the home and lot configuration was not a condition created by the current home owner 2 A variance is necessary for the preservation and enjoyment of substantial property rights, and, if granted, would not constitute a special privilege not enjoyed by neighbors Without the approval of a variance the applicant would be denied the opportunity to construct a deck that would allow for the proper opening and closing of the window in the dinning loom that faces the rear yard 3 The authorizing of the variance will not be of substantial detriment to adjacent property and will not materially impair the purpose and intent of this section or the public interest nor adversely affect the comprehensive plan Directly to the north and adjacent to the encroachment is the garage of the home to the north The authorizing of the variance will not be of substantial detriment to adjacent property and not mates tally impair the purpose and intent of this title or the public interest nor adversely affect the Comprehensive Plan FINDINGS 1 That the hardship is peculiar to the property, not created by any act of the owner, exists In this context, personnel financial difficulties, loss of prospective profits and neighboring violations ate not hardships justifying a variance 2 That a variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same district and in the same vicinity, and that a variance, if granted, would not constitute a special privilege of the recipient not enjoyed by his neighbors 3 That the authorizing of the valiance will not be of substantial detriment to adjacent property and not matt] tally ]mean the put pose and intent of this title of the public intciest not adversely affld the Colhhpi hensivc Plan J 227 Echo Ln Page 3 RECOMMENDATION Approval as conditioned CONDITIONS FOR APPROVAL 1 All revisions to the approved plan shall be reviewed and approved by the Community Development Director 2 The encroachment in to the side yard setback shall be limited to five (5) or fewer feet for the construction of a deck Attachments Applicant's Form, Site Plan, and Photos Address of Project , ;i 1 ► 1/(4- Zoning District PLANNING ADMINIST1 ,iTION APPLICATION FORM COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER MN 55082 Case No Date Filed Fee Paid Receipt No ACTION REQUESTED /OD Q?U Special/Conditional Use Permit V Variance Resubdivision Subdivision* Comprehensive Plan Amendment* Zoning Amendment* Planning Unit Development * Certificate of Compliance *An escrow fee is also required to offset the costs of attorney and engineering fees The fees for requested action are attached to this application The appl►cant is responsible for the completeness and accuracy of all forms and supporting material submitted in connection with any appl►cat►on All supporting material (i e , photos, sketches etc) submitted with apphcabon becomes the property of the City of Stillwater Sixteen (16) copies of supporting material is required If application is submitted to the City Council twelve (12) copies of supporting material is required A site plan showing drainage and setbacks is required with applications Any incomplete application or supporting material will delay the application process After Planning Commission approvals there is a 10-day appeal period Once the 10 day appeal period has ended, the applicant will receive a zoning use permit which must be signed and submitted to the City to obtain the required building permits ()PROPERTY IDENTIFICATION Assessors Parcel No fescnption of Rrotect 1` ,,c `L(/ (} c (� (Z',� / ( Art �`-( E� co ' i [fir 'I hereby state five foregoing statements and all data, information and evidence submitted herewith in all respects, to the best of my knowledge and belief to be true and correct 1 further certify 1 will comply with the permit if it is granted and used " `t Property Owner (AA 14_ I / (1 /— Representative Mailing Address 3 7 Eck: CAA& City - State - Zip mil %yl 1J S Oi O -- ignature is required) Mailing Address City - State - Zip Telephone No Signature SITE AND PROJECT DESCRIP I01\ Lot Size (dimensions) x Land Area Height of Buildings Stories Feet Principal Accessory Total Buildir g flo Existing Propos COMMUNITY blEV Paved Imp No of off street parking spaces EAV ED MAY 1 9 2006 )r area qua et 1!eet dare "ee e feet H \mcnamara\sheila\PLANAPP FRI' I April 20 2005 SHEET 1 OF 3 SHEETS Survey Made For Mr Dan Feiner 227 Echo Lane Stillwater MN 55082 Margaret and Edwin Stuart 219 Echo Lane Stillwater MN 55082 CERTIFICATE OF SURVEY BARRE1TM STACK STILLWATER MINN 55082 MINNESOTA REGISTERED LAND SURVEYOR Tel No 439 5630 NOTES Orientation of this bearing system is assumed M Indicates measured value R Indicates recorded value o Indicates 813774 iron pipe inplace or to be set by June 1 2003 • Indicates monument found as noted Note Survey Overlap area as noted (not drafted to scale) See Proposed Revised Feiner and Stuart Parcel Descriptions on Sheets 2 and 3 of 3 Sheets Unless noted otherwise underground or overhead public or private utilities were not located in this survey This proposed Lot Line Adjustment will require the gif review and approval of the City of Stillwater Existing Parcel Descriptions per Cert of C �a� Titles noted below i Feiner Cert Title No 56899 p1 /9 Stuart Cert of Titles No s 5388 and 41564 SAE 0 E OU Indicates overhead ,foA 31 util lines inplac• c< isZ� QIRJ/EO � � a SE COS [aT S Ar .rig e, EO A.vo g9 J t, moa ° 44 C ��� I � - - - - so a3 s¢ E - - /0r0o B2 /0 -- 2Z,7- `' Exc /OZ /D .re 05 SG It/- 2 C r L NE zees SUNNVSCOPE Jp A0o/r/oN AS S097CV20 ANl/ ^9ON L D/vDIJM/iV//J3 % /t 0 ¢3 - =r/L /Sa 23 —0v 4 541 s /Z to __ ✓e OD- ' 12 �/02 /1 90 ti N A A A 1 jrA I- S/ 23- a✓— 29i ovE.PL �vPr�Fr I AV S/oS _ Ir' - 1\ /Y 7/ 9‘ a S 0005 SG N - y�Cak 2 _ C739 �, c' Lnr $ .9r S06 CY60 AN .N.w (Ia 1 hereby certify that this survt) plan ,r rip rt was I prepared by me or under my direct supervl,ton an 1 that �I On//" a1/ //L A)� I am a July Registered Ian 1 Surveyor un ler tilt laws of I ,,s.- the State of Minnesota v /7/n ,:7 / 'W /`1�-- / WO 1 0 6/ "/ .4/00 Date z 22-0.3 keg No /•377¢ _ -- NO oaf V24457S-- I/ N F/s Cae -.r i t} -k- � N. / 1 1 1 ._ ,, :. :+X�icds.'.�kiar, z,�;�:�.:. } Aix a S,AtL1Y7°a'%,7 T} y, r.� [ ry Rn (< , J la iliwater 1 H E BIRTHPLACE OF MINNENOIA PLANNING REPORT DATE APPLICANT SuperValu (Stillwater Marketplace Cub Foods Store) REQUEST Special Use Permit for Accessory Fuel Station LOCATION 1801 Market Drive ZONING BP-C, Business Park Commercial PUBLIC HEARING June 12, 2006 REVIEWERS Interim Public Works Director, City Planner PREPARED BY Bill Turnblad, Community Development Director June 7, 2006 CASE NO 06-23SUP BACKGROUND SuperValu is investing in its Stillwater Marketplace Cub Foods Store in order to create a more complete one -stop shopping experience for its Stillwater area customers To this end, the Planning Comrrussion was asked on January 9, 2006 to review Special Use Permits for both a drive -through pharmacy and a fuel station untended largely for Cub Food shoppers (i e an accessory fuel station) The drive -through pharmacy was approved, but the fuel station Special Use Permit was denied based upon the fact that the proposed design was inconsistent with both the design manual for the West Stillwater Business Park and the architectural considerations of the Stillwater Marketplace PUD The applicant appealed the Planning Commission decision to the City Council in order to have the denial revised to a "denial without prejudice" The City Council granted the "denial without prejudice" status This allowed the applicant to revise the accessory fuel station plans and bring them back to the Planning Commission for reconsideration prior to expiration of the mandatory one-year waiting period Subsequently SuperValu has completely revised its proposed fuel station In place of the prototypical SuperValu fuel station now is a custom designed station that addresses the concerns expressed by both the Planning Commission in January Cub Foods Fuel Station June 7, 2006 Page 2 of 5 SPECIFIC REQUEST In order to develop the accessory fuel station for the Cub Foods Store, SuperValu has requested the following specific City approvals 1 Determination of "Same General Character", 2 Special Use Permit for an Accessory Fuel Station, 3 Design Review Permit since the subject property lies within the West Stillwater Business Park, and 4 Sign Permit Review since the West Stillwater Business Park Plan requires it The Planning Comrrussion is responsible for deterrrurung whether the proposed accessory fuel station is the "same general character" as other allowed uses in the subject zorung district If the comrrussion determines that it is, then the case if forwarded to the City Council for action on the Special Use Permit Note that this is a departure from the review process for uses that are specifically listed in a zorung district as a special use When so, the Planning Comrrussion is given the authority to approve or deny the Special Use Pernut instead of forwarding it to the City Council for action In addition to determining the "same general character" status of the request, the Planning Comnssion should also make a recommendation to the City Council on the Special Use Permit request EVALUATION OF REQUEST Description of proposed site improvements The proposed fuel station is intended as a service to customers of the Stillwater Marketplace Cub Foods Store Central to the proposed use is its accessory status The fuel sales will be target to users of the Stillwater store Grocery sales will be tied to fuel purchases A reward system is planned so that the more a customer spends on groceries the larger the discount will be at the Cub Fuel Express center As a result, it is expected that 80% of the fuel center customers will be customers who visit the grocery store during the same trip Determination of "Same General Character" If the Planning Commission finds that a proposed use is of the "same general character" as other allowed uses within the subject BP-C Zoning District, City Code Chapter 31-1, Subd 19(4) allows the City Council to grant a Special Use Perrrut for the use Cub Foods Fuel Station June 7, 2006 Page 3 of 5 Gas stations and converuence stores whose primary revenue source is from gas sales are not an allowed use in the BP-C Zoning District However, the primary revenue generator for the Cub Foods business is grocery sales, which certainly is a permitted use in the zoning district A relatively small area of the grocery store parking lot would be converted under this proposal to a fuel station for use principally by the grocery store customers The BP-C Zoning District allows other uses to occur in a grocery store lot that have similar land use impacts to those generated by the proposed fuel station They include such uses as outside sales areas, drive though businesses, seasonal sales (nursery, fireworks) Review Standards As noted above, the Cub Foods property is zoned BP-C, Business Park Commercial and falls within the West Stillwater Business Park area Moreover, the property was developed as a part of the Stillwater Market Planned Unit Development Therefore, the following review standards apply to this case BP-C Zoning District Standards • Building height - The proposed 25 foot height is less than the 40 foot height limit • Building setbacks - The proposed 70 foot setback is greater than the 40 foot required setback West Stillwater Business Park Plan/PUD • Architectural design - The Heritage Preservation Commission (HPC) reviewed the design of the proposed accessory fuel station and found it to be consistent with the West Stillwater Business Park Plan and Stillwater Market PUD • Green Space - The proposed landscaping island to provide traffic flow and traffic safety separation between the parking lot and the fueling area increases the existing green space • Building materials and colors - The canopy faces are proposed to be constructed of EFIS in a color that matches EFIS on the grocery store building The canopy supports will be encased over half of their height in masonry that will match the masonry on the grocery store building The equipment building next to the canopy will also be of masonry that would be consistent with the main Cub Foods building • Signs - A small business sign/logo and price sign are proposed for each of the two longer canopy faces The HPC reviewed and approved the signs SUP Review • Traffic circulation and traffic generation - Westwood professional services completed a traffic and circulation study for the proposed accessory fuel station Cub Foods Fuel Station June 7, 2006 Page 4 of 5 80% of the fuel station traffic will be from grocery customers already on -site Consequently, Westwood concluded that the relatively small amount of additional traffic generated by the fuel station would not degrade the level of service at any of the intersections in the neighborhood Moreover, the existing parking lot with modifications for the fuel station will satisfactorily handle personal vehicle traffic circulation as well as tanker truck traffic • Parking - The Cub Foods lot currently has 580 parking spaces The proposed fuel station improvements would result in a net loss of 90 spaces The resulting 490 parking spaces would still exceed the minimum requirement of 447 spaces for the property • Landscaping - The enclosed packet of information from the applicant includes a color landscaping plan for the fuel station portion of the parking lot It provides not only for good landscaping design, but also a means for safely separating grocery parking from fuel island traffic • Stormwater treatment - No impervious surface will be added to the Cub Foods site So, additional stormwater treatment facilities are not required However, petroleum filtration facilities will be incorporated into stormwater catch basins to prevent accidental spills from leaving the site • Lighting - No new parking lot lights will be added ALTERNATIVES The Planning Commission has the following options 1 Find that the proposed accessory fuel station is of the "same general character" as other permitted or specially permitted uses in the subject zoning district and recommend that the City Council approve the Special Use Permit for an accessory fuel station as submitted with the following conditions a The project construction and signage shall be in compliance with the plan set dated 5/18/06 and the May 26, 2006 letter from the Larkin Hoffman Law Firm, both of which are on file in the Community Development Department b All required landscaping shall be installed prior to final project inspection c All minor modifications to the design review permit shall be approved in advance by the Community Development Director All major modifications shall be approved in advance by the HPC Determination of the distinction between "major" and "minor" shall rest with the City Administrator d There shall be no lighting on the site other than that shown in the submitted plans Cub Foods Fuel Station June 7, 2006 Page 5 of 5 e The "Fuel Express" sign shall be externally lit with a "clam shell" type fixture Lighting on the underside of the canopy shall be recessed with flat lenses only 2 Find that the proposed accessory fuel station is not of the "same general character" as other permitted or specially permitted uses in the subject zoning district This would constitute a denial of the project Such a finding needs to be accompanied by substantive findings of fact 3 Table the Special Use Permit request for more details RECOMMENDATION Heritage Preservation Commission The Heritage Preservation Comrrussion unanimously approved the design review and the sign review They attached five conditions to their approval 1 The project construction and signage shall be in compliance with the plan set dated 5/ 18/ 06 and the May 26, 2006 letter from the Larkin Hoffman Law Firm, both of which are on file in the Community Development Department 2 All required landscaping shall be installed prior to final project inspection 3 All minor modifications to the design review permit shall be approved in advance by the Community Development Director All major modifications shall be approved in advance by the HPC Determination of the distinction between "major" and "minor" shall rest with the City Administrator 4 There shall be no lighting on the site other than that shown in the submitted plans 5 The "Fuel Express" sign shall be externally lit with a "clam shell" type fixture Lighting on the underside of the canopy shall be recessed with flat lenses only City Staff Staff finds that the proposed accessory fuel station is of the "same general character" as other permitted or specially perntted uses in the subject zoning district and also finds that the request satisfies applicable standards found in City Code, the West Stillwater Business Park Plan, and the Stillwater Market PUD Therefore, staff recommends approval with the conditions detailed above in the HPC recommendation cc Linda Fisher, Larkin Hoffman attachments Location Map Apphcant's letter Preliminary Plans January Planning Commission Minutes Traffic and Parking Analysis for Cub Fuel Center May 19, 2006 Page 2 Figure 1 Site Location Map City of Stillwater Planning Commission January 9 2006 Case No SUP/06-02 A special use permit for a fuel center and drive -through pharmacy at 1801 Market Drive CUB Foods in the BP-C, Business Park Commercial District Craig Mevissen, representing SuperValu applicant Mr Mevissen explained the request for a 12-dispenser fuel center with small kiosk for an attendant, the fuel center would be located at the western edge of the parking lot SuperValu also is proposing to add a drive -through pharmacy, this proposal would require the relocation of the interior pharmacy area to an outside wall, along the northern portion of the building He noted that even with the proposed additions the applicant did not feel that parking would be compromised There was some discussion about the logistics of the drive -through It was noted the Heritage Preservation Commission had reviewed the proposal the HPC approved the request for the pharmacy and tabled the fuel center proposal Mr Mevissen said the applicant is working to revise the design of the fuel center to address HPC concerns such as wrapping the columns with masonry to match the main structure and adding masonry to the face of the kiosk There was a question about signage on the pharmacy dnve-through Mr Mevissen said the canopy would include a lettered applique an unlighted sign, the underside would have recessed lighting There was a question about signage for the fuel center Mr Mevissen said LED signage currently is not used, it is roller -type signage There was a question about the target market for the fuel center Mr Mevissen said 85 percent of the customers would be CUB customers already on site so any additional traffic generated would be minimal No comments were received from the public Mr Junker said he thought the proposed pharmacy drive -through works and would be a nice addition However Mr Junker said he did not think the same of the fuel center, citing concerns about the aesthetics of the design and traffic patterns Mr Dahlquist agreed with the concern about traffic issues for the gas operation Mr Junker moved to grant the special use permit for the drive -through pharmacy, with any conditions related to signage/canopy Mr Teske seconded the motion, motion passed 8-0 Mr Mevissen asked if there would be a recommendation regarding the location of the fuel center if the location as proposed was the primary issue It was noted that the Commission does not make recommendations and it was suggested the applicant continue to work with staff 02006 Westwood Profess al Services Inc Eel WINCE CAAR TO IAT011 r10 F0006 90010 1/5G0111Y MOT RI LATCH CIO ATOM MOM§ NEEL 021446-PANED TO MATCH aB FW05 ROA6 W TwEi VATY NOY I4•5000' 1011146 TO MATTAwow COLONS W Po005 66140 155 rN6Pr roam MATCH 05 reaps DADA/ Arm 516 1 /rrrfil111111111 1111����������N����►I►���► ti b MEANT calla TO PATCH fM7PY 0211146 Al 05 15005 BBDOB 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MN 5E344 PHONE 0524774150 111[ 153-577,5127 TOLL FOIE 1.I4774 SO wswrtwoedpaee 1 1 5a57 ad, Chet eft pis _ my* by a v rev ow MYes O.0 sp..Ys mid ds I an Lily llama YNOGpf AIM = vela do low w dm ear a h tart Type mama here MON Il® Ole ri Ilmd On.lr WI Design Service Group Address X7u, Minnesota Moot SUPERVALU Stillwater Minnesota Call 48 Ho s before d gg g GOPHER STATE ONE CALL Tw C ly A ea 651-454-0002 M Toll Free 1-800-252-1166 71MIM1.1111 40 80 120 20061037SPPO DWG Dote 5/18/06 Sheet 2 OP 6 Existing Conditions 2 2 a a a 02006 Westwood P oless onol Services Inc / 4 F CONTRTACTOR TO INSTAL?.. 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Dim Edon Rik, UN SSW PHONE I 931.5190 rAx I943731122 TOM FUT 1.91U7-5 SO wwamitmoegamm abed serm•Mla• Om �amvivant 9Istmi 1144StIorm A9O1II11= mit On M a b — a Lam Tyre wee were Ciao llama No - - I Prepared For W1E104 Design Service Group Thome 9934 N.e.a Pw449 eid+. Address x7a Minnesota Man SUPERVALU Stillwater tilrtntlata 0 20 40 60 200610375PP01 DWG 13ete 5/18/06 sweet 4 or 6 Preliminary Grading and Utility Plan P o7O46 Westwood Professionol Services, Inc. ( +- 28.2'. R12 0' E%15T. LIGHT � STANDARD t )POLE TB. BE I" REMOVED TO BE RUIDYID (Tn.,) 430• 26.E EXIST. LIGHT STANDARD L POLE TO BE RELOCATED 3' WIO5 CONC. FLUME CURB CUT (1yp) YI • I 19.1 (LW) 3' WIDE CONC. FLUME 4,--`s A 3X Call 48 Hours before digging: GOPHER STATE ONE CALL Twin City Area 651-454-0002 Mn. Toll Free 1-800-252-1166 DEVELOPMENT NOTES • THE PROPERTY IS ZONED BP-C(BUSINESSPARK COMuERCIAL) • BUILDINGSETBNCICS RECTUIREI3FRDNTYARDSETBACK=40FT FRONT YARD SETBACK PROVIDE = 70.02 FT • PARINGSETBACIGS NO CHANGE IN PARKING PROPOSED PARSING SUMMARY EXISTING PARKING SPPGES DEDICATE TO CUB = 580 E7XISTINGSPACBSTOBERF3ACAIE=116 72. GSE])SPACESTOBEAWED =26 NET LOSS OF PARING=90 SPACES PRCFOSE PARKING RATIO =5.5 SPACES PER 1000 SO. FT GREEN SPACECALCULATION EJXISflNG GFITN SPACE TO BE I8u1CNED =3277 SQ FT. PROF Ykri GFEEJ SPACE TO BE ADDED = 4485 SQ FT. FEF GAINCFGREEN SPPCE=1208SQ FT. _ r 0 1 20' 40' 60' 200610375PP01 DWG D.L. 5/ •8/06 set 3 OF 6 I w ~wood P ofrlaW SxMus Inc TE00 Anagram DHr. Ed•n PrekW, MN ST344 PHONE n2437 5150 7Alf K107.WO MU FREE IJS11-037-51S0 mvmwestrwedpaam I l--er sv7shim .46 1 n� .a & . r r .w• >n 9king.00 ter..-_ owl Owl 1 •• e W7 *1 It W![� tt Af(HEM er LR d h DWI. M MMwwa Trr BARN km avl. 71ma. K. ..Md— v�TG+ Tsw ia/TIDE L4•Rw IEsJ Design Service Group Address Xra, Minnesota 55ona SUPERVALU Stillwater, Minnesota Preliminary Site Plan L A 3X Call 48 Hours before digging: GOPHER STATE ONE CALL Twin City Area 651-454-0002 Mn. Toll Free 1-800-252-1166 DEVELOPMENT NOTES • THE PROPERTY IS ZONED BP-C(BUSINESSPARK COMuERCIAL) • BUILDINGSETBNCICS RECTUIREI3FRDNTYARDSETBACK=40FT FRONT YARD SETBACK PROVIDE = 70.02 FT • PARINGSETBACIGS NO CHANGE IN PARKING PROPOSED PARSING SUMMARY EXISTING PARKING SPPGES DEDICATE TO CUB = 580 E7XISTINGSPACBSTOBERF3ACAIE=116 72. GSE])SPACESTOBEAWED =26 NET LOSS OF PARING=90 SPACES PRCFOSE PARKING RATIO =5.5 SPACES PER 1000 SO. FT GREEN SPACECALCULATION EJXISflNG GFITN SPACE TO BE I8u1CNED =3277 SQ FT. PROF Ykri GFEEJ SPACE TO BE ADDED = 4485 SQ FT. FEF GAINCFGREEN SPPCE=1208SQ FT. _ r 0 1 20' 40' 60' 200610375PP01 DWG D.L. 5/ •8/06 set 3 OF 6 I w ~wood P ofrlaW SxMus Inc TE00 Anagram DHr. Ed•n PrekW, MN ST344 PHONE n2437 5150 7Alf K107.WO MU FREE IJS11-037-51S0 mvmwestrwedpaam I l--er sv7shim .46 1 n� .a & . r r .w• >n 9king.00 ter..-_ owl Owl 1 •• e W7 *1 It W![� tt Af(HEM er LR d h DWI. M MMwwa Trr BARN km avl. 71ma. K. ..Md— v�TG+ Tsw ia/TIDE L4•Rw IEsJ Design Service Group Address Xra, Minnesota 55ona SUPERVALU Stillwater, Minnesota Preliminary Site Plan L ■ 02006 Westwood Professional Services. Inc w. CON1I?ACTOR TO INSTAL+ HYDRqq KLON FILTER OR APPROVED EQUAL INSIDE ,EXISTING CBMH (SEE DETAIL) WwhYoad ProfD,$o. uy ! %MInc B&B PAW* MN SSW /HONE I152-937.5159 FAIL istanaca R AI FREE 1JIae37-91S0 Www.wuWroedpxmm c Ce —58 iNV 5..912.55 Match Existing Grades ACC• f•' 96 ..t.. =, ,•76 I• ®oI ®aI 920 30 Match E 920.00 Mulch Ex. Match Existing Grades got 30 : 920.00 921.10 Match f 270.0 NO 20.60 931.40 Y WIDE CONC. FLUME 920.10 CURB CUT (typ) 920.90 Ow) '�i''~i 3' WIDE RE c=2 % CONC. •.;n '::4;0.2" FLUME I( ..try ... .... rl.. .w Mr.., .7 rr..d.lq - M W ! r . 4.7 le_... IAftdcAY. 052yn51 war d. — a 0. 00. •I Ia.msa 921 TO 921 40 921.40 921 40 9 1,60 Balch E. E. 921 60 921. 0 921.60 Mulch E. 921 20 Type imam brat 0h heed M► Coll 48 Hours before digging: GOPHER STATE ONE CALL Twin City Area 651-454-0002 Mn. Toll Free 1-800-252-1166 BYPASS/OVERFLOW OtrITA 1 LIOAMET00 eEpIMENTC WII99EAI lh� PAL 41MNIER 9 MEM PwmaND rrEDH (TYPPICM 1 l r YMAIDu [LE 44 1. Wei MOPED REAM Ta'MULL WT919Ii ECM RE7 orxsnACE.4'M,..oa 2- VW DNS IIOTWCI.DOqESGe7PRRWea11 CRAMmnrp 3 O[14C sgvg N�atoomlGiFHF ow-1cm ivileAr e401)ILar to • w LW o'RE021.EO9OJMe9T1OMO104(090 iD 10P9E 9y7Ifr HYDRO—KLEEN FILTRATION SYSTEM liLena7 pone 11:14 lump st..IY W14.le Prepared for: Design Service Group Address )(Jac, Minnesota 5Fecoc SUPERVALU 5titlwxtoo, Mintl/sois 20' 40' 60' 200610375PP01 DWG De(x 5/18/06 sheet 4 OF 6 Preliminary Grading and Utility Plan Larkin HoAman TTORNEYS May 26, 2006 Bill Turnblad Community Development Director City of Stillwater 216 North Fourth Street Stillwater, Minnesota 55082-4807 Larkin Hoffman Daly & Lindgren Ltd. 1500 Wells Fargo Plaza 7900 Xerxes Avenue South Mmneapohs Minnesota 55431 1194 GENERAL 952 835 3800 FAX 952 896 3333 WEB www larkinhoffman com Re Supervalu—Written Narrative in Connection with Application for Approval of Special Use Permit, Design Permit, and Sign Permit for Cub Fuel Center as Accessory Use to Stillwater Marketplace Cub Foods Store Our File No 10,909-06 Dear Bill This letter -memorandum constitutes the written narrative required by City of Stillwater ("City") ordinances to be submitted in connection with Supervalu's (the "Applicant") application for approval of a special use permit, design permit, and sign permit for the Cub fuel center proposed as an accessory use to the existing Cub Foods store in Stillwater Marketplace ("Project") The Project is located in the northwest quadrant of a platted lot owned by Supervalu and occupied by the Stillwater Marketplace Cub Foods store ("Project Site") The Project Site is generally located in the northeast quadrant of the Trunk Highway 36/Stillwater Boulevard area in the southeast corner of Market Drive and Curve Crest Boulevard To supplement the architectural and engineering expertise of the Applicant's Design Services Group, the Applicant has retained Westwood Professional Services ("Westwood") to prepare site and landscape plans and to provide traffic and parking consulting services Westwood's contact information appears below Westwood Professional Services 7699 Anagram Drive Eden Prairie, Minnesota 55344 Phone (952) 937-5150 Fax (932) 937-5822 Email wps@westwoodps corn Bill Turnblad May 26, 2006 Page 2 HISTORY OF CUB FOODS STORE IN STILLWATER MARKETPLACE PUD The Project Site which includes the existing 89,244 square foot Cub Foods store and its associated parking lot is located within the Stillwater Marketplace planned unit development ("Stillwater Marketplace PUD") The Stillwater Marketplace PUD is a phased retail commercial development in the vicinity of Market Drive and Curve Crest Boulevard The first phase of Stillwater Marketplace PUD consisted of the Cub Foods store, the Target store and other smaller retail uses, the second phase of the Stillwater Marketplace PUD included development of additional commercial uses on 15 new lots east and west of Market Drive with a uniform design theme consistent with City and Stillwater Marketplace PUD design guidelines On June 7, 1993, the City Design Review Committee reviewed the Stillwater Marketplace PUD and recommended approval of the requested design permit with conditions, upon finding the Stillwater Marketplace PUD consistent with the West Stillwater Business Park Design Guidelines On July 20, 1993, the Stillwater City Council approved a planned unit development permit for the Stillwater Marketplace PUD, upon finding the development consistent with the Stillwater West Business Park Plan, an element of the Comprehensive Plan, and all applicable zoning requirements Also, on July 20, 1993, the City Council approved the subdivision of the Stillwater Marketplace PUD, upon finding it consistent with the Comprehensive Plan, the Zoning Ordinance, and the Subdivision Ordinance On September 20, 1993, the City Council approved the final plat for the Stillwater Marketplace PUD Finally, on December 6, 1994, the City Council approved the preliminary and final plat for a major subdivision of three outlots proposed for commercial development, collectively constituting the second phase of Stillwater Marketplace PUD The Stillwater Marketplace PUD approval record indicates that the overall development would have coordinated building design, materials, landscaping, signage and parking "to achieve maximum community benefit" (Stillwater Marketplace PUD Planning Department Staff Report, June 14, 1993) as required by the West Stillwater Business Park Plan The Applicant considered the Stillwater Marketplace PUD record in preparing Project plans and this Application WEST STILLWATER BUSINESS PARK PLAN AND ZONING REQUIREMENTS APPLICABLE TO THE PROPOSED PROJECT ON THE PROJECT SITE West Stillwater Business Park Plan The West Stillwater Business Park Plan ("West Stillwater Plan") was adopted by the Stillwater City Council on February 6, 1990 as an amendment to the Stillwater Comprehensive Plan The West Stillwater Plan area is generally bounded by Long, Lake State Highway 36, South Greeley and West Orleans Streets The West Stillwater Plan designates the Project Site and a substantial portion of the Stillwater Marketplace PUD for retail commercial development The retail commercial land use designation was proposed to be implemented by adoption of new Business Park commercial zoning 0 0 0 0 0 0 a 0 0 0 0 o 0 0 0 0 Bill Turnblad May 26, 2006 Page 3 The Project Site is part of Special Site 1, which includes the existing Cub Foods store and the Stillwater Marketplace PUD The West Stillwater Plan contemplates development of coordinated site design, landscaping, building materials, signage, and parking through a special use permit and design guidelines process The West Stillwater Plan also includes design guidelines to ensure consistent, high -quality development in the West Stillwater Plan area ("West Stillwater Design Guidelines") The West Stillwater Design Guidelines include architectural standards, landscape standards, signage standards, and site plan standards The Applicant paid considerable attention to the West Stillwater Design Guidelines in preparing Project plans and this Application In a subsequent section, this letter -memorandum includes a description of the Project's compliance with the West Stillwater Design Guidelines Existing Business Park Commercial (BP-C) District Zoning Regulations The Project Site is zoned BP-C Business Park Commercial District The purpose of the BP-C Distnct is to provide a distnct for general community commercial and office uses (Zoning Ordinance, Section 31-1, subd 19(1)) The existing Cub Foods store on the Project Site is a permitted use in the BP-C District Based on the unique characteristics of the proposed Project as described in subsequent sections of this letter -memorandum, City staff advised the Applicant that the Project is an accessory use to the Cub Foods store and is of similar character to automotive -related services that are allowed by special use permit in the BP-C District Additionally, in non-residential PUDs, such as the Stillwater Marketplace PUD, uses allowed are those permitted by the underlying zoning district or approved by the Planning Commission by issuance of a special use permit Based on this direction from staff, this Application includes a request for approval of a special use permit for the proposed Project The BP-C District establishes maximum height, minimum lot area, setbacks, maximum impervious surface coverage, and minimum landscaped area requirements The Applicant considered BP-C general regulations to the extent applicable The BP-C District incorporates by reference the West Stillwater Design Guidelines As noted above, the Applicant carefully considered the West Stillwater Design Guidelines in preparation of Project plans The submitted Application includes a request for Heritage Preservation Commission ("HPC") approval of a design permit for the Project upon demonstration of consistency with the adopted West Stillwater Design Guidelines Other Applicable Zoning Regulations Subdivision 25 of the Zoning Ordinance (Section 31-1, subd 25(3)) establishes required off- street parking requirements for specified land uses As described in a subsequent section of this letter -memorandum, the Project does not include a convenience store or automobile service or repair, therefore, the general retail parking requirement applies, which requires one space for Bill Turnblad May 26, 2006 Page 4 each 200 feet of gross floor area As shown on the submitted Preliminary Site Plan, the Project Site currently includes 580 spaces dedicated to the Cub Foods store Construction of the proposed Project will remove 116 spaces, but will also add 26 additional spaces in other locations This results in a net parking loss of 90 spaces on the Project Site The net post -Project parking ratio on the Project Site is 5 5 spaces per 1,000 square feet, which exceeds the Zoning Ordinance requirement Subdivision 26 of the Zoning Ordinance (Section 31-1, subd 26) establishes general sign regulations for the community This section establishes requirements for building wall, free- standing, awning and marquee signage Automobile service stations with service bays are governed by special sign regulations that allow one wall sign and one free-standing ground sign None of these general signage requirements clearly applies to the proposed Project because of its unique characteristics The West Stillwater Design Guidelines also include provisions regulating signs in the West Stillwater area Most of these special standards do not apply because they relate to wall or free-standing building signage The general intent, however, of the West Stillwater Design Guidelines, as applied to the Stillwater Marketplace PUD and the Project Site is to achieve a coordinated signage theme with identification lettering and colors compatible with building design, building materials and colors The submitted Project signage plans conform to this general signage criteria as documented in a subsequent section of this letter -memorandum DESCRIPTION OF THE PROPOSED PROJECT ON THE PROJECT SITE Proposed Uses The Project will be a Cub Fuel Express fuel center (registered logo) developed by the Applicant to broaden and enhance the shopping experience of customers at its Stillwater Marketplace Cub Foods store No convenience food items or automotive equipment or products will be sold, and there will be no automotive repair A roving attendant will assist disabled customers and others needing assistance The Project is an expansion of the one -stop shopping concept that resulted in the addition of a floral department, banking, and, most recently, drive-thru pharmacy services to the Cub Foods store A key element of the proposed Project is Cub Foods' new merchandising and marketing initiative in the Stillwater area that ties grocery store sales to fuel purchases at the Cub Fuel Express on the Project Site The overall intent is to "reward" the Cub customer with a fuel discount based upon the size and frequency of each purchase or transaction, the more the Cub customer spends in the Cub Foods store, the greater the potential fuel discount In this manner, Cub will continue to deliver additional value to customers in the Stillwater community In addition, further consideration is underway to provide grocery store discounts to customers who are using the Cub Fuel Express on the Project Site for their normal fuel purchase As a result of this program, it is anticipated that about 80% of the fuel center customers will also visit the Cub Foods store Bill Turnblad May 26, 2006 Page 5 The proposed Project is an integral component of the Applicant's commitment to reinforcing its current position as the value leader in the Stillwater community The proposed addition of fuel services culminates a three-year, $4 2 million remodeling program at the Stillwater Marketplace Cub Foods store Among the improvements are exterior painting and new signage, all new interior store decor, upgrades to the frozen foods and self-service frozen delicatessen areas, relocation of the floral department, remodeling and upgrading of the liquor store, remodeling and upgrading of natural foods, dairy, meat and seafood cases, new pizza and sandwich cases, all new salad bar and cheese cases, and the addition of a drive-thru window for the pharmacy department The Applicant considers the Cub Fuel Express, in concert with its substantial improvements to the Cub Foods store, to be critical to providing its Stillwater customers the finest shopping experience December 2005 Application for Approval of Proposed Project on the Protect Site On December 19, 2005, the Applicant applied to the City for approval of a special use permit for the proposed Cub Fuel Express and the drive-thru pharmacy ("Previous Application") As described below, the fuel center component of the Previous Application differed in several significant respects from the current Application First, it included six multiple petroleum dispensers providing twelve total fueling positions Secondly, it proposed a prototypical fuel center canopy and column design that did not incorporate the brick and masonry building materials and colors of the Stillwater Marketplace Cub Foods store Thirdly, it did no separate the fuel center area from the Cub parking lot Fourth, it did not include a detailed landscape plan Fifth, it did not include details concerning stormwater pollutant filtration Lastly, it did not include a traffic and parking analysis prepared by a consulting traffic engineer The Planning Department staff report on the Previous Application recommended approval of the drive-thru pharmacy, but demal of the fuel center component of the submittal The staff report did not specify the basis for its recommendation On January 4, 2006, the Heritage Preservation Commission ("HPC") met to consider design review of both components of the Previous Application The HPC approved the design of the drive-thru pharmacy as conditioned, but continued the fuel center request " pending revisions to be more consistent with the PUD " HPC members expressed concern that the proposed fuel center did not reflect the building design, materials or colors of the primary Cub Foods store, as required by the West Stillwater Design Guidelines and the Stillwater Marketplace PUD One HPC member suggested use of masonry material which would reinforce the connection between the proposed fuel center and the Cub Foods store Other members expressed concern about the canopy lighting and recommended that it be recessed or shielded to direct illumination downward On January 9, 2006, the Planning Commission held a public hearing on the special use permit for both components of the Previous Application The Planning Commission's stated concerns regarding the submitted fuel center site plan and prototypical design were substantially similar to those of the HPC No comments were received from the public The Planning Commission approved the special use permit for the drive-thru pharmacy and, although the Planning Bill Turnblad May 26, 2006 Page 6 Commission minutes are not clear, denied the special use permit for the fuel center, citing concerns about " the aesthetics of the design and traffic patterns " The Applicant appealed HPC's demal of the design permit and the Planning Commission's denial of the special use permit for the Previous Application, respectively, to the City Council The Applicant appeared at the February 7, 2006 City Council meeting to request the City Council to deny the Previous Application without prejudice to submittal of a revised application within one year This request was made in order to address the Zoning Ordinance prohibition on resubmittal of denied or withdrawn applications that are not denied without prejudice (Zoning Ordinance, Section 31 1, subd 29(19)) On February 7, 2006, the City Council granted the Applicant's request and voted unanimously to deny the fuel center component of the Previous Application without prejudice The February 7 minutes indicate that Councilmember Junker thought the Planning Commission would be receptive to looking at a new proposal and that Mr Lieberman said the HPC was also similarly inclined We, as special counsel for the Applicant, agreed to waive the 60-day rule Subsequently, we and the City attorney agreed that the current Application constitutes a substantially revised proposal and, consequently, should be considered a new application for purposes of applying Minn Stat § 15 99, commonly referred to as the 60- day law The Current Application for the Proposed Project The current Cub Fuel Express Project proposed for the Project Site modifies substantially the Previous Application to address staff, HPC, Planning Commission and City Council comments and to achieve consistency with the West Stillwater Design Guidelines and the Stillwater Marketplace PUD The most significant modifications to the Previous Application are • Reduction in size of the fuel center (five petroleum dispensers are now proposed, as compared to six with the Previous Application) • Replacement of previous prototypical design with architectural design, materials and colors substantially similar to the building design, materials and colors of the Cub Foods store • Addition of landscape island to separate fuel center activity from the food store parking lot • Inclusion of filtration system in existing catch basins to treat stormwater runoff prior to discharge to the stormwater system • Provision of detailed landscape plan for new plantings complementary to Stillwater Marketplace landscape theme • Inclusion of recessed flat lens canopy lighting to direct lighting downward Bill Turnblad May 26, 2006 Page 7 • Inclusion of fuel center canopy Cub Fuel Express and pncing signage with design and colors complementary to the Cub Foods store • Traffic and parking analysis prepared by Westwood Professional Services, consulting traffic engineers, including analysis of site layout, trip generation and intersection capacity, parking impacts, and truck access and circulation Site and Landscape Plans The site layout for the proposed Project is designed to provide a functional and visual separation between the fuel center and the grocery store customer parking lot, to maintain vehicle and pedestrian safety and to provide safe and functional automobile and fuel tanker truck access and circulation As shown on Exhibit A Colored Landscape Plan, the Project is located at the west edge of the Cub parking lot, and a perpendicular landscape island is proposed to create a defined space for the fuel activity This design contains the general vehicle circulation within the main lot, thereby avoiding situations where a driver who traverses an entire row of parking might attempt to circulate through the fuel center before returning another row of parking The addition of the landscaped island results in a 37% net gain in green space as compared to the existing landscaped area A total of 3,277 square feet of landscape islands will be removed to construct the Project and a total of 4,485 square feet of landscape material will be incorporated into the new landscaped islands New plant materials installed in Project's landscaped islands will be the same materials as utilized throughout the Stillwater Marketplace PUD The Project layout results in a relatively small loss of parking spaces in the Cub parking lot As described in greater detail under the traffic and parking section below, the Project still exceeds zoning ordinance off-street parking requirements and adequately accommodates existing and projected customer parking needs The Applicant's consulting traffic engineer has also determined that the site layout adequately accommodates fuel tanker truck access and circulation, while insuring customer vehicle and pedestrian safety See the traffic and parking section below for further discussion Architectural Design, Building Materials and Colors In response to City concerns regarding the Previous Application's prototypical architecture and materials, the Applicant now proposes a new, customized project design complementary to the Stillwater Marketplace Cub Foods store and consistent with the West Stillwater Design Guidelines The fuel center columns are masonry to match the canopy columns at the Cub Foods store All four sides of the small mechanical building shown on the site plan are masonry to match the fuel center and Cub Foods store canopies The Cub Foods Dusty Rose color will be used, together with an accent gray color compatible with the Cub Foods store The fuel center canopy and fuel center canopy cornice are EIFS with colors to match the Cub Bill Turnblad May 26, 2006 Page 8 Foods store Prefinished metal roofing is also proposed See the submitted Preliminary Elevations for additional details The Applicant's consultants studied visual images of the proposed Project from vantage points along Market Drive and Curve Crest Boulevard The locations of the visual images are shown on Exhibit B, Image Key Exhibit C is a visual image from Curve Crest Boulevard and Exhibits D and E are two different visual images from Market Drive They illustrate the high quality of the new Project design and its compatibility with the visual environment of the Stillwater Marketplace PUD and the Cub Foods store Stormwater Plan Although the Project does not alter existing grades or add new impervious surface, stormwater treatment considerations were important factors in formulating the site layout and submitted utility plan The perpendicular landscaped island shown on Exhibit A prevents stormwater runoff, which flows from the east to the west, from draining across the fuel center surface The island diverts and directs stormwater to two concrete swales constructed in the island, opposite the ends of the canopy area, which allows water to then flow to the existing catch basins along the west parking lot curb line without draining near the fuel pumps To further protect the stormwater system from potential fuel contamination, the Applicant proposes to install HYDRO-KLEEN filters in each catch basin along the west curb line The filters, which fit within the existing catch basins without the need for reconstruction, include a diverter shield to divert flow to a sediment chamber prior to discharge into the stormwater system The filters are typically replaced every six months to ensure maximum treatment efficiency In addition, Project attendants are trained in spill containment, they are equipped with special kits to contain spilled oil on site pending proper disposal Lighting As recommended by staff in its review of the Previous Application, the fuel center canopy lighting will be a recessed flat lens to direct illumination downward and avoid spill over from the Project Site No additional parking lot lighting is proposed for the Project, although a small number of existing parking lot light poles will either be removed or relocated to accommodate Project construction Bill Turnblad May 26, 2006 Page 9 Signage There are no freestanding signs proposed to identify the proposed Project Project signage includes two back lit Cub Fuel Express canopy signs with red, yellow and white colors to coordinate with the Cub Foods wall sign colors and two lit (LED) pricing signs This complies with the sign ordinance Traffic and Parking The Application included a Traffic and Parking Analysis, dated May 19, 2006 prepared by Westwood Professional Services ("Westwood Traffic Study") This letter -memorandum summarizes the Westwood Traffic Study findings They are • Based on peak period turning movement traffic counts and visual observations, the north site access onto Curve Crest Boulevard and the west site access onto Market Drive operate at acceptable levels of service dunng the Saturday afternoon peak hour, the busiest time of the day • The Project layout maintains vehicle and pedestrian safety in the parking area, allows two-way flow, and provides sufficient depth back to the landscape island for vehicles to circulate around a stopped vehicle that is fueling • At the Cub stores already opened with fuel centers, Cub tracking shows that about 80% of the fuel center patrons visit the food store before or after fueling These fuel purchases are not new trips on the external roadway system, but merely a linked trip within the store parking lot Based on this analysis, Westwood concludes that " only a small number of new trips will be added to the roadway network Given the location of the fuel center, the additional new trips will principally be oriented to the west access onto Market Drive, where the primary movement out of the site is a right turn The addition of a minimal amount of new fuel center traffic to the Market Drive or Curve Crest intersections will not degrade their performance " (Westwood Traffic Study, p 7) • Construction of the Project results in a net loss of 90 parking spaces The Cub store is 89,244 square feet Even with a reduction of 90 spaces, the parking count will be 5 5 spaces per 1,000 square feet, a ratio that exceeds the Zoning Ordinance requirement for a grocery use • The Project will be served by fuel tanker trucks for storage tank fueling The proposed circulation pattern calls for trucks to approach the site from Market Boulevard, enter through the main drive, and then circulate through the northwest portion of the lot to access the tanks Westwood used the AutoTurn program to check the turn radii This analysis shows that one internal site island needs to be altered to Bill Turnblad May 26, 2006 Page 10 allow smooth inbound movement of the trucks The AutoTurn program was also used to evaluate outbound truck movements Tanker trunks will exit out to Curve Crest Boulevard No internal site modifications are required to accommodate this movement (See Figure C, Westwood Traffic Study, Figures 4 and 5) COMPLIANCE WITH FINDINGS FOR APPROVAL OF SPECIAL USE PERMIT AND DESIGN PERMIT Special Use Permit Zoning Ordinance Section 31-1, subd 30(1)(d) enumerates the findings that the Planning Commission must make to approve a special use permit They are 1) The proposed structure or use conforms to the requirements and the intent of this chapter and of the comprehensive plan relevant area plans and other lawful regulations The Project is consistent with the retail commercial designation in the West Stillwater Plan Staff finds that the Project is an accessory commercial use to the existing Cub Foods store in the Stillwater Marketplace PUD and is allowed upon approval of a special use permit by the Planning Commission As described throughout this letter - memorandum and in the Application, generally, the Project complies with the Zoning Ordinance, the West Stillwater Design Guidelines, and all other applicable regulations 2) Any additional conditions necessary for the public interest have been imposed The City has authority under state law to impose conditions reasonably necessary to achieve conformance with applicable zoning requirements The Applicant will review conditions recommended by staff and the Planning Commission and will indicate at the Planning Commission public hearing if it has any questions, comments or concerns regarding any proposed permit conditions 3) The use or structure will not constitute a nuisance or be detrimental to the public welfare of the community The Project will not constitute a nuisance It is designed to conform to City land use, zoning and design guidelines and criteria It will provide an additional service for Cub customers and other visitors to the Stillwater Marketplace development, thereby enhancing the overall shopping experience and ensuring the long-term viability of the Applicant's significant capital investment in the community The Project will be built of high -quality masonry, EIFS, and metal accent materials to match and complement the building materials and colors of the existing Cub Foods store A landscaped island Bill Turnblad May 26, 2006 Page 11 separates the fuel center activity from vehicular and pedestrian activity in the food store parking lot New plantings will utilize the Stillwater Marketplace PUD landscape theme and will result in a 1,208 square foot net gain in green space Stormwater runoff will be directed to existing catch basins that will be equipped with a new filtration system to skim off pollutants pnor to discharge to the City's stormwater system The Project will add a relatively small number of net new trips to the roadway system and will not affect the existing acceptable levels of service at the two main access points to the public roadway system Fuel transport truck access and circulation meets acceptable engineering design standards as determined by the Applicant's consulting traffic engineer and will not create undue adverse impacts in the parking lot As shown on the submitted colored landscape plan and visual images, the Project will not detract from the high quality of the Stillwater Marketplace PUD and will provide an attractive visual image from vantage points along Market Drive and Curve Crest Boulevard Lighting will be recessed and directed downward No additional free-standing signs are proposed Design Permit The Project meets the special findings for issuance of a design permit in the West Stillwater Business Park Plan area They are • The action proposed is consistent with the goals of the West Business Park Plan The fuel center land use is compatible with existing commercial land uses in the Stillwater Marketplace PUD (see submitted plans, this letter -memorandum and the Westwood Traffic Study) It is expected that about 80% of the customers to the fuel center will also shop at the Cub Foods store This enhances the trend to one -stop shopping that has resulted in the addition of a floral department, a bank, and a drive-thru pharmacy to the Cub Foods store The Project meets the area design goal of compatibility with the West Stillwater Design Guidelines (see below) The Project meets the prohibition on pole buildings, standard concrete block buildings, or buildings constructed of metal siding The Project does not affect the existing screening of Cub parking areas The fuel center node will be screened and buffered by a new perpendicular landscaped island that will result in a 37% net gain of green space in the Project area • The action proposed will not be detrimental to a structure or feature of significant aesthetic cultural architectural or engineering interest or value of a historical nature The Project does not affect a structure or feature of significant aesthetic, cultural, architectural or engineering interest or historical significance • Design of the project conforms to the design guidelines and streetscape and pedestrian pathway plans Bill Turnblad May 26, 2006 Page 12 The Project complies with the architectural standards, landscape standards, sign criteria and site plan critena set forth on pages 20-21 of the West Stillwater Design Guidelines The following summarizes the Project's compatibility with the pertinent provisions • The previous prototypical Project design has been replaced by a new, customized design that utilizes masonry columns and EIFS canopy and cornice details to match the matenals and colors of the existing Cub Foods store Metal is an accent material on the canopy and mechanical house roofing No prohibited extenor materials are utilized • The mechanical building is low profile It is finished on all four sides with the same masonry as the Cub Foods store and the proposed fuel center canopy columns • Architectural consistency with the Stillwater Marketplace PUD is achieved in terms of color, matenals, and details on all four sides of the fuel center canopy and mechanical house • Construction of the Project does not affect the Project Site's continuing compliance with landscape standards Moreover, the Project results in a net gain of green space and provides an attractive screened and buffered visual image from adjacent roadways No prohibited tree species will be installed New plantings will be substantially the same type, size and species as existing plantings on the Project Site • Project signage conforms to the sign ordinance No new free-standing signs are proposed • Canopy lighting will be a flat recessed lens to direct the light downward and shield it from adjacent properties and roadways Lighting will be contained on the Project Site • That any additional conditions stipulated as necessary in the public interest have been imposed As noted above, the Applicant will conform to reasonable conditions imposed by HPC on issuance of the design permit The Applicant will review any suggested design permit conditions and indicate its position regarding those conditions at the HPC public meeting • That such design shall not constitute a visual nuisance or be detrimental to the unique design qualities of the area See response to similar finding above required for issuance of special use permit Bill Turnblad May 26, 2006 Page 13 In conclusion, the current Application responds to staff, HPC, Planning Commission and City Council comments on the Previous Application, conforms to West Stillwater Plan land use goals and objectives, complies with the West Stillwater Design Guidelines and the Zoning Ordinance, and meets applicable findings for approval of the special use permit and design permit Sincerely, Linda H Fisher, for Larkin Hoffman Daly & Lindgren Ltd Direct Dial Direct Fax 952-896 3210 952 842 1724 Email Ifisher@larkinhoffman com cc Jeff B Olson, Director, Corporate Real Estate, Supervalu Don L Lonmier, Vice President, Fuel Centers, Supervalu Randy L Moms, Region Director, Project Development, Supervalu Design Services Group Dale Beckmann, Westwood Professional Services Allan Klugman, Westwood Professional Services 1077139 1 Exhibit A 2006 Westwood Professional Services. Inc. TO MATCH EXISTING (TYP.) 17—CT Plant Schedule Tree Detail CODE OT',C0M1y0N/80"ANICAL NAVE SIZE K e Mews w.wywaw / a.du. We... wart .Pm. '.ova.. .* s.0 on. / W... w.. s.k..) L SS Saar. the../ .snpoa+ rt . 'Soaww' eve a 0..e 9vw Money. 3 / m..a...ra tt12 wow caw... / w..wt..daa I -Si ell I cart Re east NOTE QUANTITIES ON PLAN SUPERSEDE LIST WANTITIES IN THE EVENT Of A DISCREPANCY. Planting Notes Cori -actor shall provide one year gJorartee o' all plant materials. The guarantee begins on the date of the Landscape Architects or Owner's written acceptance of the initial planting. Replacement plant materiels eholl also how c one year guorontee commencing upon planting. An points to bar specimen grade. Munesoto-prawn and/or hardy. Specimen grade shall adhere to. but is not limited by. the lolrowing standards: MI plants shill be free from disease. pests, wounds. se etc. All plants shall be free from noticeable gaps. toles. mdeformities. All plants shall be free from broken O plead branches. All plants Shoe how heavy, healthy bronching and ieofing. Coniferous trees shall have on established main leader and a height to width ratio of no less than 5:3. Plants to meet American Standard for Nursery Stor. (ANSI 60.1-1990) requirements to size and type specified Plants to oar metaled as per standard ANSI planting .pukes. Use minimum 12' loam planting col on tress ono 6' on shrub" (sides and bottom of hole). 8ockfdl sod to be existing top soli from site kw of roots. rocks lager than ore Inch, subs*. Wiley, and large weeds. Contractor shod, verify locations with all utilities prior to installation of plants. Cantrnctor shall content Oaphen State -One CO' (55T-454-000J or 800-252-1166) to verify locations of all underground utlitles Staking of trees optional: reposition, plumb and stake it not plumb after one yea. Wrap di smooth -barked trees - fasten top and bottom. Remove by Apr. 1. 0pm too of burlap en Be materials: remove oot on potted plants( split and break apart peat pots. Prune plants as necessary - per standard nursery proton and to correct poor branchkl9. Plpnts shall be Immediately planted upon arrival at site. Properly heel -in materials if necessary. temporary only. Parking lot islands shod hove weed barnef fabric and 4' of mulch (match wilting) Actual location of plant meter -al is subject to field and site conditions. No planting .all be installed until all grading and construction has been completed in the knme4nte arm. Contractor shall provide lien, ploy *Waring of plant maladies anti the plant is fully established or irrigation system is operatbnai. Owner HI not provide water for Controator. Provide irrigation 10 all planted areas on site. irrigation win be design/build by Landscape Contractor A. information about installation and scheduling can be obtoned from Cenrol Contractor. Repair. replace. or provide sod/seed as required for any roadway boulevard areas adjacent to the site disturbed during construction. Repnir all dannge to properly from planting operations at no cost to owner. No plant material substitutions slid be acce0led unless approval is requested of the Landscape Architect by the Landscape Contractor prior to submission at 'he bid and/or quotation. Call 48 Hours before digging: GOPHER STATE ONE CALL Twin City Area 651-454-0002 Mn. Toll Free 1-800-252-1166 Y Shrub Detail 2 1 ewe • out .serecleti barer. m9aw stew.. . Tee ww..+0 cf. . earn 1.ar.) P to fre.m>. Muhg rO.r. w in Yu. wow., www3 ..ern., now. °�r.r.n .e..a a< wt.. row P. Soave Yoe te wu .IM :e- sly mamma M > tie .w. era Mew rseeh9 ' ewe r M1m w p.n.s .Me a Pa..aP.a alwe e• e' 3 al et.. nu. e e Mate en. are Ow w..g.aw wO. 9wna Mont on .nh rv.a!naa tae.m woe Ov noire.ern*. ...vary St. r S asap watarr, bow St ban Oat .0 Po., ten not a dens PIP m.l.nse PP erects . Remo. eawg on wo. nature ovnm.r .m. missed cta awe -Ar pow esa. .1.1.2 men, are sees POMP were Edge �yac a Den arp edge . n to Saari,, PM and bettem tial• Wee.00e P ieeion.l Semen, oo 2e90 Anagram Drive Eden Pr.., MN 55344 PHONE 952-937-5150 1*00 953.932-7822 TOILFREE 1. .s3T-5150 www.ere,n.**dq I ka•y Rtur that tM, pea me pr.purnby. an or antler ny eve eapte..>Oe .af ace I ®. ddeli,._. IANDSCARR Asaalar won He b.e al tier ten w ker. . Type name hen DOR Lose bto Ds. lest Danes yy Prepared for. 11b/IOI llewed-lsw1ttr/ Design Service Group SUPERVALU Stillwater, Minnesota 20' 40' 60' 20De1037PLP0).0w:, Date 5/18/06 Shcet 5 OF 6 Preliminary Landscape Plan Image B,C Image A PROPOSED VACCUUYS & TRASH CAN ':` tiL• mr-ra 8 8 K1OSK USTs i IIIIIIIIIIIIIIIIIIIIIL 11111111 111111111 1111111 I1 11111111111u 111111111111111111111111 'v�IIIIIIIIIIIIIIIIO 1111111111 I: °a > Uuwunuwur� oillffilffillffillt OHIHIHHIHHII1', :IIIIIIIIIIIIIIIIII CUB FOODS 89 244 S F RETAIL RETAIL Exhibit B Image Key Exhibit C. Exhibit D Exhibit E Image C °2006 Westwood P ofesso oI Se vices I c Preliminary Plans for Site Improvements for SuperValu Fueling Facility Stillwater, Minnesota Prepared for Design Service Group 6533 Flying Cloud Drive, Suite 100 Eden Prairie, MN 55344 Contact Daren Johnson Phone 952-914-5824 Fax. 952-914-5850 Prepared by Westwood Professional Services, Inc 7699 Anagram Drive Eden Prairie, MN 55344 PHONE 952-937 5150 FAX 952-937 5822 TOLL FREE 1.108937 5150 Westwood wwwwadroedpdmm Project number 20061037 00 Contact Dole Beckman INDEX SHEET NO DESCRIPTION 1 Cover 2 Existing Conditions 3 Prel minary Site Plan 4 Prel minary Grading and Utility Plan 5 Prel minary Landscape Plan 6 Preliminary Elevations Color Landscape Pion Color Images (3 Sheets) Vicinity Map (Not to Scale) NO. DATE REVISION SHEETS Preliminary Plans for Site Improvements 1or SuperValu Fueling Facility water Minnesota Date 05/18/06 Sheet 1 of 6 20061037 00CVP1 DWG P 0 2006 Westwood Profess ono! Services Inc To 10 1 1 11 1 — r / � 510 1 cows- as ILL 91.11.21 s y �J C o .A� 1 0110\ J -1- / I f j -17 fl 4 a i w I0 50D 6D R SOD SOD PHA MACY 7 STACKING SPACES ® 22 WI DOW 58 - FF 12 —� 70 CONCRETE SLAB PROPOSED f< DRIVE THRU E' ,.. I is // d8r os 5 1 Swim. 76 S Mogan Mho Eden Prairie. ep SOY MOM S5 107 s SO FAX .Q-n b@ TOLL FREE t. U1-S150 wwssweawoodaemll dr mery e"as1"0 = �r y v. w re el awYs DOO q..a r ®r a q ewe 1 ••�•a••• AeTaaS=r.-r..an.—d Wawa Type nose ben Ddpd rxsl.m PIM 1s/ea Mows POE Resod oeww eddy. Prepared far Design Service Group Address kat, Minnesota 56roa SUPERVALU StUhcater Minnesota Coll 48 Hou s befo e d gg g GOPHER STATE ONE CALL Tw n C ty A ea 651-454-0002 Mn Toll Fee 1-800-252-1166 0 40 80 120 200610775PP01 DWG oeto 5/18/06 sheet 2 of 6 Existing Conditions P 0 2006 Westwood Profess ono! Seraces Inc Coll 48 Ho s before d gg ng GOPHER STATE ONE CALL Tw n C ly A ea 651-454-0002 Mn Toll F ee 1-800-252-1166 )~ 28.2 MECHANICAL HOUSE R12 0 _ L EXIST UGHT STANDARD & POLE TO 8E REMOVED 4' I®I I ® I I ® I I Q I I®I ` TO BE REMOVED (77P 49 0 175 1 57 5 30 26 0 EXIST UQ'd-� gl20 STANDARD d ROLE TO BE RELOCATED 105 3 WIDE CONC FLUME CURB CUT (typ) 1RR nttiyp) 3 WIDE CONC FLUME 240 DEVELOPMENT NOTES THE PROPERTY IS 2YDPED BP-C (BUSKESS PARK CONTA3R IAL) BUILDING SETBAKS. FEO(IRED FROM' YARD SETBAICX = 40 FT FRONT YARD SETBACK FRONDED = 70 02 FT PARING SETBACKS. NO CHANCE IN PARING PROPOSED PARING Sl1NTAARY EXISTING PARING SPACES DEDICATED TO CUB 580 EXISTING SPACES TO BE RBADVED 116 PROPOSED SPACES TO BE ADDED = 26 NET LOGS OF PARKING = 90 SPACES PROPOSED PARKING RATIO = 5 5 SPACES PER 1000 SO. FT GRBFN SPACE CAI cy t AT1ON DISTINGGREEN SPACE TO BE REMDVED=3277SO. FT PROPOSED GREEN SPACE TO BE ADDED = 4485 SQ FT PET GAIN OF GREEN SPACE = 1208 SQ FT 1nr- 7®. bwpwe dire EAn Pr** MN 8344 N1oHE 95 9Di15. FAX 951937a1:02 Mil FREE 1931937.5 S. wwrwem.eedlfeml tomb, rM Or m Oa ad - bra CA by ewD r ad ad de17 e4 1ANO.C.V. AM]oi� coke eta Inn d d 4r• dim Cyr. a.m. here Ole Lbws Na I a.tela .d for Design Service Group 1)1sa n0. Mown! Denbo 4/d44e Address X7Dy Minnesota 55m1 SUPERVALU Stillwater tillmiescda 0 20 40 60 2006 0375PP01 DWG Data 5/18/06 Sheet 3 of 6 Preliminary Site Plan P 02006 Westwood Profess anal Services Inc XI + I CONTRTACTOR TO INSTALL HYDRO—KLEEN FILTER OR APPROVED EOUAL INSIDE EXISTING CBMH (SEE DETAIL) I ® I I ® I I ® I I ® I Match E st g Grades 920 30 N tch E 920 00 920 hOE Match E st g Grades 920 30 N t10E ((920 60 921 10 hi i 920 85 )920 B0 3 WIDE CONC FLUME CURB CUT (typ) 920 90 92110 / 920 80 RR f'llj)ilyp) 3 WIDE CONC FLUME 921 20 921 20 921 40 Ytea E 21 30 921 40 921 40 921 0 921 40 921 40 921 40 921 40 921 40 92160 N 110 E 921 60 Y 110 E 921 60 N tdnE Coll 48 Hours before d gg ng GOPHER STATE ONE CALL Tw n Cty Area 651-454-0002 Mn Toll F ee 1-800-252-1166 Yawata wane BYPASS I OVERFLOW TRANSMON INLET TO RLTRATION CHAMBER PRESETTUNG SEDIMENT CHAMBER INVERTER PLACE (RATE DUN. NEINA CNASELEN FAIARY NEON UEDA (TYPICAL) Er 110W SEE R4 UIRT BNIPED READY TO INSTALL WITH ONE EXTRA SET OFRE IEOA. 2 MT 00E5 NOT NCLUOE CARPI BASIN OR ORATE MANE S PEW SHOULD DESIGNATE NYIAPIOEEN RLT1ATION SYSTEM (PPS) NEXT TO MOWED CATON SAMK l NUAaIY OF 57 REODUED MN BOTTOM OF PATE TO TOP OF OUTLET HYDRO—KLEEN FILTRATION SYSTEM YIa8.... FI. 8, Sroke4 blr. T999 Arran". Wee Eden Pr.YIA.a. 5944 ATONE 994374159 11.5 .9 TOIL FREE 140437314 50 wWlwtomeputen Wary orely Mrthr pMee p.�r.a_.�m, r e4J7 Herod LANDSCAPE MIMI= aim es Inn r d term r Weems Typo e1lm. ltea 01ts Mem Hs E51NNrd tLd.e R1rme rui Prepared for WORM Design Service Group Address Mot, Minneaota 55Dddt limed R.dba 4/!r. SUPERVALU Stillwater Mimosas 0 20 40 60 200610375PP01 DWG Date 5/18/06 sh..D 4 on 6 Prelmninary Grading and Utility Plan 02006 Westwood Profess anal Services Inc Call 48 Ho rs before dgg g GOPHER STATE ONE CALL Twn Cty A eo 651-454-0002 Mn Toll Free 1-800-252-1166 // 12-PS I ® I I ® I ® TO MATCH EXISTING (TYP ) 17-CT ape ape 8-HL Plant Schedule Tree Detail CCOE OTT COMMON/BOTANICAL NAME SIZE 14. en,. Noa/mha / 46Is bb..00 ow ken. bhp.' 3_3 00 65 P. sake r.. / a I... dd W J. Ana. / +nb.. a s IN... p Can 51 es Smmb Aube / Anbehe wek 'ode' p 4.6 IM a.ef Bun nm.lrah / poke loan 45 Con Cr n.1.. O.o..mo / cno*o3 k . 0 Con. NOTE QUANTITIES ON PLAN SUPERSEDE UST OUANP11E5 IN ME EVENT OF A DISCREPANCY Planting Notes Cant tor .all p as on ow g ant I all pl t m term] Th g oln beg on th d t 1 th L d ape A ch tact o Owner or lien elan 1 th 1 al p antng. Repl anent pl t an ter th II I h oe on Teo guarantee ommen0 9 pan planing AI plant 1 b speamen gr d Mn esot groan od/or nerdy Spemnen 9 d shall oche 1 b l t Ian t d by th fallow 9 lenders A plant than b fr horn demo. p Is, ou d sear al AI pant sh 11 b fr Iron t debt g p h les deform All plant sh II b fr from broken or d 00 b ch AI plant sh 9 h ya hoary healthy bancl1ng o toeing Con loon tr shall Il ya lob' shed in n leader d h light t Mth 1 1 I than 5:1 Plant 1 mast Amer Standard for Nur ray St Ck (ANS 601 1990) 9 anent for 0 1p sp f 0 Plait 1 b t II 0 per lanaoa ANS ppnt g pr I U m 12 pan pantgear on tern and on sh b ( d and Il b an rnmI hal) R Oil sal 1 b sing lop i from tut f f eon ack ger th on inch subsol deb s. 0 9 0 Coral actor sh II as ly lac ben th all Mies v or t n t0 iron f plant Conn actor an II cont t Gopher St t 0n Cell (651 454 0002 or 800 252 1166) 1 rer ly toe tan f dl erg pane IS t es St kng 1 t ea opt anal sp tan pl nb and tat 1 t 01 mb flu an gas Wr p II ern th bark d tree 1 ten top d b Ilan Rem re by Ap I 1 Open lop 1 burlap on RR m Ian I ern .e p i m p It d pant spl l and b k opor p t pot Pre d I eves y p t lard racy proct and t area poor b ch g Plant sh I b mmed lady pi led pan or va1 t t P apply Ilea m terid 1 essay temporary only Parking I t S d sh II ya weed b a Ian 1 and 4 I m an (m tdh tint)) A t 1 oc to 1 pl tan lad albo t t Ide and t an0lan N plant g i b n 11 0 t 1 II g a g 0 on Ir t an Bn anpl 1 d n 1 Immedlat Cont actor sh I p rq ecn y weltering 1 plant m tad 11 th plant fully .stab shad or w galronyetem over l m Cann it t p 0 ter for Call to P 0 9 l on t d p t o eo on 1 1 g tan i b 0 gn/bu Id by L 0 p Cont tor All nfarm 1cm bout 01 t 11 ion 0 che0uing b obi d from General Col actor Rep spl or p d spa/seed 0 0 for y ova y bad yard area ado and t th sit ant 'bad du rag can Inr t an Rep k of aomog 1 p 09517 bon p an<n9 over lion t Co l t and N p ant m teal sub t t 1 on 11 b pled nl ss opp yal eau I d 1 t Landscape Arch t t by th L 0 p Conlr la p o t subm on l th ba and/oar t Ian Lee. km. tatl:t �� ra .mey 0. 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Ohs Roo to Norksn Sumer Fewer oo. van Ya.w ws co ant . mall. rm.," tr.m .l adsol lv va..mm ran a.. r pale Shrub Detail wvr.. cm draw s d ran. ysM11.Mama yea NI pool. bob roa. ol UN to monk, a2t sok ��a Owe Y. din Iran to on al PO aaa P. on m wdno sum car Wam.md neleawhr Serebret h.c 7699 Magna I0Ow 1b.e�ym..MYa dmr o r psw floor•Y7b s aCn 7 v.ld• Eden Paks10155a4 AiO07 veer ea Iran al b al laysea PHONE 952-037-5 50 FAX 052-031ae22 Tall WEE 4021131u5150 Type name here way.as cadpaatn Mee IPrepared for 17hh11ls& .d PROW PIM Rand 06aebg bar/data Design Service Group SUPERVALU Stillwater Minnesota 0 20 40 60 200610J7PLP01 DWG 5/18/06 1a.eb 5 OP 6 Landscape Landscape Plan 02006 Westwood Profess onal Seroces Inc 9L CA RIG Caw TO MATCH OD PCODS BALMS 01Ce6PY CUR ID MATCH 0e POOW WMOIea MEL 10e.e AMID TO PIMAOe FOODS BRAE 0M TRH DOTI MOOD MAST 1Y RUNG TO HATCH CAMPY Cable AT 513 R6OS WMOI* 8 r 14.001RT MOM 10 I I MATCH LOOPY COLORS— Al OD POOPS DO 0 PIASBm KTAL w PLA6M6 WA TO MMAWR OS MOOS O&M IRBI6®KTAL w RAMO COL* TO Wen 0.6 PO= IMAM Plala® KCAL GAP PLASMA COLOR TO WATCH ore MCP) mAe BFS caws Coa TO MATCH co MODS IMMO RA5S000A0E0 PAD a ti a Fie CAP' taa To PMTA DO KOOS DAWN! 20-1 se rae9a9E6 METAL w RA900 races TO PATER 0DF DOR DRAM OS COWL OOIORT IIATOI0e RO[OS RID% T111111111111111111111111 11111111111 II o MCLARA SARI PARTED POT& FOR 1 RIL 1011 1 KO% OAS SRO 11P POI She "WOW TO MATCH 06 POOPS MOOS 00 606 R.D TW TYP5I SLIT/ ROY 0Ia6►T CAME 11111(1111111 [111111 111111111111. 1Yi'IIIIIIIIIIIII11111I11 REMISED KCAL Ra CODER MR W TO MAIM Ce COWS TO14101 OD POOPS MOWS CPU POWS CMAM RAROO wow ��1111 Tea =TT 1i6 CORM! 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CCORID WATCH 0e PDXO 0.0006 11111111111111111111 0 PR001951, PETK wRA0M(S CaOR TO MATOR CAD moos WADI* 09 OO.6S COLOR TO IMr01 06 POOOS mAO RASED COVER ORS 1111111,11 II11111111111111 Ra Ca151 Cox HMOIRI TO PLOW CIO POOOS DROSS CAM 11FH t18TY ROSC DRCIIOS TYP 6M6 PVIR7010 irrPROW DOTAL PR a7m CAMP rn I I �I A 9S WORE 1IOR TO R@00EO METAL ROMPS CCLGR d TO MARC0e Ra70SDRORM RAIDED TO MAXH Cr CM TRH MELT RCS' 6A8 RM. 170 PARTED K1AL PR 01m RPM TIP CYOH SOX WSW CaDM! PA0 TO 1M101 PRECAST OR 000.5 18S10E 1161.CVM ro1AT01 a6lle as .015Tf ROW 160E COAT OLT e CRAY TO RMOC1 005TRS CS M60 C-1 RI CORER owe 06DMe CAOSI w6mM.. Render %roan Inc 7699 AnAnni Orb. Fenh.RA M0CCM R0RE 0031-5150 FAIT Msan,m 1151RBI 41111917-S1 S0 r nAworsendpmn has envy An. dab plan - P1f°.• by me r mm my lbw w.M:e wM sH dal, Leal RIPBStMOiAL DWI= maim 1b he ar tb.1A d Man Type Mama hoe Il® N SMARR Design Service Group Address katr Minnesota 553oo1 SUPERVALU Stillwater Mlmutiot6 Call 48 Hou s before Egg g GOPHER STATE ONE CALL T. Cty A so 651-454-0002 Mn Toll F ee 1-800-252-1166 10 20 30 2006103751(P01 041 wx 05/18/06 s11..M 6 op 6 Prehnunary Elevations 2006 Westwood Professional Services, Inc. TO MATCH EXISTING (TYP.) 17—CT Plant Schedule Tree Detail CODE OD. COMMON/DO'ANICAL NAME SIZE It e bola Le,ryeAnt / OW. M1 Ar. nine enpee.' 3-1S' HI n re Vb. 0Le / eAe . am sµa a 1.5' se ill Pit Ales Anew /+Warn.. en.rw lamrp /5 Cent . 4 Sense Amb. / Ana.'. omen 'Spode P Opt M e3 Deer W.5 n nornreir / OP... Im4a P Cent CI 17 Nees. Cet*neertw / Cpewenr Ada. le Wet NOTE: QUANiTIES ON PLAN SUPERSEDE UST QUANTITIES IN THE EVENT OF A DISCREPANCY. Planting Notes Cost•ecter snag pronde ono year guarartee of all plant materkes. The guarantee begins on the date of the Landscape Architect's or Owner's written °condone of the initial planting. Replacement plant material, shall dee how e one year guarantee commencing upon planting. All plants to be specimen grade. MAnneseta-grown and/or hardy Specimen anode shall adhere to. but is not limped by. the following standards: All slants shall be free from disease. pests, wounds. scars, etc Ali plants shall be free from nu0cooble gaps. holes, or deformities. All plants shall be free from broken or dead branches. All plants shall how heavy. heathy branching end :ear g. Coniferous trees shdl have on established main leader and a height to width sotto of no less then 5:3. Plants to meet American Standard for Nursery Stock (ANSI 60.1-1990) requirements for size and type specified Plants to be instated oe per standard ANSI planting practices. Use minimum 12' 'win planting sow on trees ens 6' on shrubs (saes and bottom of hole). Backfill sot to be 'sating top soil from site free of roots. rocks larger then one Inch, subsoil debr0, and large weeds. Contractor shall. verify locations with all utilities Prior to inttdiatian of plants. Contractor shoe condo:! Gopher Stale 'One Call' (651-454-0002 or 800-252-1166) to verify locations of toll underground utilities Stoking of trees optional; reposition. plumb and stake If not plumb alter one yea. wrap all smooth -barked trees - fasten tap and bottom. Remove by Apra 1. Open top of burlap an BB male5..ol.; remove pot an petted plants; split and break apart seat acts Prune plants o9 necessary - per standard nursery emetic., and to coned poor branching. Plants shall be immediately planted upon arrival at site. Properly heel -in materine if necessary. temporary only Parking lot elands 911011 have weed Denier fabric arch 4' of mulch (match witting) Actud location of plant material is subject to field and site conditions No planting .41 be installed untll of grading and construction has been completed in the immmlerte awn Contracts shah provide net say *atoning or pent mole,iuls until Pe plant is fully established or Inlgollon system is operational. Owner NH not Provoke eater far Contractor. Provide irrig0tian to all planted areas on site. Irrigation WI be design/build by Landscape Cantrocla. AR information about 'installation and scheduling can be obtained from General Contractor. Repair, replace. or provide sod/seed os required for any roadway boulevard areas adjacent to the site disturbed during construction. Repair oI damage In property from planting operations al no cost to owner. No plant materiel substitutions will be accepted %mines approval is requested of the Landscape Architect by the Landscape Contractor prior to submission of the bid and/or quotation. Coll 48 Hours before digging: GOPHER STATE ONE CALL Twin City Area 651-454-0002 Mn. Toll Free 1-800-252-1166 3- root out reererecloa bane,. Lune ealrue no, rw,ywe end Aetna 4 =tear. ee s' mew sera Pox.) a to Pon Pone. Top ern bane I wawaer we rtrw Arno to to Yu' name ears > new Ants n t crane awwee en ben .w' e petwrof.orn Swops w..:a ne IR' .w Peen. x eon Shrub Detail yALLie sin.r.�.a •coifed1P e wawa•a "e, .enema Rocs AV am,b a �avo:.p- eant eon. pm1plt......Ira raw swtly Pose wain Para. or Iva ore. 'emu size. awns 1 Winerysa e r.,n r a.0 WAY, ..h ne mending trim na�iu peewee Pee^eh0 n mama err a•oM We ta,W, eel r.. •nee ce eoppeeted yavarw'.lm mrmve1.9eta woo. panto s.a5 eraree maa a,a eras Pear went Elea. p�Yl.n ��1e lean aroma scanty one a eon r no*. POP pant tot wen metal. wean..P x 0' 40• Westwood hafebla,.I Sen na . e,c 7699 Ansgrer, Drive Eden Probe, MN 55344 I hereby need. 1N, the pl.e I power by ao r wen my Men m`e"•,.rod I... sma ,I. scaly bowed LANDSCAPE Deltas! l Owebot Ma Dews: *.9'4_1!.w1.4 We. Prepared for. Dote 5/18/06 Sheet 5 OF 6 SUPERVALU Preliminaryr� Landscape Plan RIME 952-937-5150 FAX 952-937-5422 TOIL FREE Id65-937-5150 roPPEP PPedpsmm Type name here Deem U. No Design Service Group Stillwater, Minnesota Image B,C w Image A PROPOSED VACCUUYS & TRASH CAN 4t," t Y ;C L �yo 8 8 KIOSK USTs 111111IIIII1111111911L III 111111111111111111111 io 111111111E11111111111111 PROPosEo 24 128 CANOPY 11111 1111111111111111111 �J1111111111111111P°L. llllHHHHlHlt1\ 0111111111111111N 111111111111111111 CUB FOODS 89 244 S F • 1d RETAIL n RETAIL Image Key V19MI IMprEG c 1 F BIRTHPI A Of MINNF 0 1 A DATE APPLICANT Mark Lindeberg June 7, 2006 CASE NO V\06-24 REQUEST A variance to allow a twenty (20) foot encroachment into the required eighty-five (85) foot rear yard setback from the ordinary high water level (OHWL) (of Long Lake) [31-1-11 1(4)7] LOCATION 3120 Ilo Way COMPREHENSIVE PLAN DISTRICT SFLL - Single Farruly Large Lot ZONING LR - Lakeshore Residential District PC DATE June 12, 2006 REVIEWERS Community Dev Director PREPARED BY Michel Pogge, City Planner DISCUSSION The applicant is requesting a variance to Chapter 31-1-11 1(4)7 of the Stillwater City Code to allow for a swimming pool to encroach up to twenty (20) feet into the required eighty-five (85) foot rear yard setback from the OHWL (of Long Lake) EVALUATION OF REQUEST The applicant is requesting consideration of a variance to Chapter 31-1-11 1(4)7 of the Stillwater City Code to allow up to a twenty (20) foot encroachment into the required eighty-five (85) foot rear yard setback from the OHWL (of Long Lake) A variance may be granted only when all of the following conditions are found t 3120 Ilo Way Page 2 1 A hardship peculiar to the property, not created by any act of the owner, exists Personal, family or financial difficulties, loss of prospective profits and neighboring violations are not hardships justifying a variance The property at 3120 Ilo Way is on a cul-de-sac lot in the Legends of Stillwater development The home sits on the far northwest portion of the lot along the cul- de-sac The applicant desires to install a pool for the "therapy of our son with special needs along with recreational use for our family" Where the applicant may desire or chose to install a pool for personal needs these services are available within the community to serve the needs of the fan-uly A personal choice is not justification for a variance The applicant noted that if the pool is moved closer to the existing garage that it would interfere with the footings and foundation of the garage The pool could be moved within 5 feet of the garage without interfering with the garage footings, however, this would likely increase the cost of constructing a pool Financial justification for a variance is not sufficient grounds for granting a variance The applicant suggested that the City required the current layout of the existing home It may be true that the City enforced the requirements of the PUD designed by the developer, but ultimately the location, size, and layout of the home was the choice of the home builder Again, these were personal choices and are not a justification for a variance 2 A variance is necessary for the preservation and enjoyment of substantial property rights, and, if granted, would not constitute a special privilege not enjoyed by neighbors This property is zoning for a single-family home and is currently being used as a single-family home Without this variance the property owner will be able to continue to use the property as a single-family home Staff does not believe that approval of this variance is necessary to preserve a substantial property right which has been denied Additionally, if granted, this property owner would enjoy the benefit of building within the setback of the OHWL mark of Long Lake which is not currently available to other property owners in the development r 3120 Ilo Way Page 3 3 The authorizing of the variance will not be of substantial detriment to adjacent property and will not materially impair the purpose and intent of this section or the public interest nor adversely affect the comprehensive plan There are two purposes for the 85 foot rear yard setback requirement from the Long Lake OHWL First, it provides a natural buffer between the single-family homes and Long Lake This standard was established in part to meet the Minnesota DNR requirement of preserving 50 percent of the open space within 1,000 feet of Long Lake The PUD provided an exhibit showing all of the areas that were required to remain as open space in order to meet this requirement Staff has superimposed the drawing on the site plan This drawing shows the location of the pool outside the required open space area Second, the 85 foot buffer from the OHWL was established to provide a uniform appearance along the lake If the Commission would authorize this variance it would be a substantial detriment to adjacent property (Long Lake) and would materially impair the purpose and intent of this title, the public interest, and adversely affect the Comprehensive Plan FINDINGS 1 That the hardship is not peculiar to the property and is created by any act of the owner In this context, personnel financial difficulties, loss of prospective profits and neighboring violations are not hardships justifying a variance 2 That a variance is not necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same district and in the same vicinity, and that a variance, if granted, would constitute a special privilege of the recipient not enjoyed by his neighbors 3 That the authorizing of the variance will be of substantial detriment to adjacent property and materially impair the purpose and intent of this title, the public interest, and adversely affect the Comprehensive Plan r 3120 Ilo Way Page 4 ALTERNATIVES The Planning Commission has the following options 1 Deny the requested variance for an encroachment of twenty (20) feet into the required eighty-five (85) foot rear yard setback from the OHWL (of Long Lake) since an affirmative finding on the required conditions for a variance could not be made by staff 2 Approve the requested variance for an encroachment up to twenty (20) feet into the required eighty-five (85) foot rear yard setback from the OHWL (of Long Lake) If the Commission chooses to grant the variance the comrrussion needs to make an affirmative finding on the required conditions for a variance Additionally, staff would suggest that the following conditions for approval a All revisions to the approved plan shall be reviewed and approved by the Community Development Director b The encroachment in to the rear yard setback from the OHWL shall be limited to twenty (20) feet or fewer and for the construction of a pool only 3 Continue the public hearing until the July 10, 2006 Planning Commission meeting The 60 day decision deadline for the request is July 17, 2006 RECOMMENDATION Since an affirmative finding could not be made for the three variance review criteria, staff recommends denial of the requested variance Attachments Applicant's Form, Applicant's Letters (2), Site Plan, and Site Plan with DNR required open space areas Address of Project ' ?LANNING ADMINISTR,. I ION APPLICATION FORM COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER MN 55082 Case No Date Filed Fee Paid Receipt No ACTION REQUESTED Special/Conditional Use Permit X Variance Resubdivision Subdivision* Comprehensive Plan Amendment* Zoning Amendment* Planning Unit Development * Certificate of Compliance *An escrow fee is also required to offset the costs of attorney and eng►neer►ng fees The fees for requested action are attached to this appl►cat►on The applicant is responsible for the completeness and accuracy of all forms and supporting material submitted in connection with any app/icat►on All supporting material (► e , photos, sketches, etc) submitted with apphcat,on becomes the property of the City of Stillwater Sixteen (16) copies of supporting matenal is required If apphcat►on is submitted to the City Council, twelve (12) copies of supporting material ►s required A site plan showing drainage and setbacks is required with apphcat►ons Any incomplete appl►cat►on or supporting material will delay the apphcat►on process After Planning Commission approvals there is a 10-day appeal period Once the 10 day appeal ended, the applicant will receive a zoning use permit which must be signed and submitted to the City to obtain the required building permits PROPERTY IDENTIFICATION LOT c 6L '1 T Sr Assessors Parcel No 3l2o k OPP? Zoning District L) Description of Project (GEO Code) "I hereby state the foregoing statements and all data, information and evidence submitted herewith in all respects, to the best of my knowledge and belief to be true and correct I further certify I will comply with the permit if it is granted and used " Property Owner Mailing Addresses 1 %) Tw t ANY City - State - Zip Telephone No ^ — — Signature APPQ PePac )C Lot Size (dimensions) IZc) x 30) s� PLr Land Area Height of Buildings Stories Principal 2 + ,, „r Accessory Representative Mailing Address City - State - Zip Telephone No Signature re isquired) (Signature is required) SITE AND PROJECT DESCRIPTION Feet *2' Total Building floor area square feet Existing square feet Proposed square feet Paved Impervious Area square feet No of off street parking spaces H \mcnamara\sheda\PLANAPP FRM April 20 2005 Check list for Planning Applications Incomplete or unclear applications/plans will be returned to the applicant and may result in delay of application processing Check and attach to application The application form completed and signed by the property owner or owners authorized representative 12'-building plans clearly dimensioned and scaled (16 copies) site plan showing exterior property lines, easements, lot width and depth and lot area building(s) location (See attached site plan example, a parcel boundary survey may be required) II adjacent streets or right of ways labeled O'Location, elevation, size, height of building or addition dimensions materials and proposed use of all buildings and structures (including walls, fences, signs, lighting and hooding devices) existing and proposed for the site (if the site is in a Historic District, additional design detail maybe required) 1;Thstances between all structures and between all property lines or easements and structures 2—Show Adjacent buildings to this application site and dimension from property line Ig--"All major existing trees on the site (4 inch caliber or greater), giving type, location, size and other site coverage conditions 2Show existing significant natural features such as rock outcroppings or water courses (existing and proposed marked accordingly) l-Cocate all off-street parking spaces driveways loading docks and maneuvering areas with dimensions for driveway widths and parking space sizes ®'pedestrian, vehicular and service points of ingress and egress distances between driveways and street comers ndscape plan showing number of plants, location, varieties and container sizes (landscape plan) 'Existing and proposed grading plan showing direction and grade of drainage through and off the site indicate any proposed drainage channels or containment facilities I - R quired and existing street dedications and improvements such as sidewalks, curbing and pavement (may not be required) wetter to the Planning Commission describing the proposed use in detail and indicating how this use ,�will effect and compatibility with adjacent uses or areas �r H/pplications for new structures on slopes of 12 percent or greater must include an accurate topographic map The map must contain contours of two -foot intervals for slopes of 12 percent or greater Slopes over 24 percent shall be clearly marked t= Other such data as may be required to permit the planning commission to make the required findings for approval of the specific type of application Applican gnature ate May 25, 2006 Stillwater Planning Commission City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Re Variance for mstallation of a swimming pool 3120 Ilo Way, Stillwater The Legends of Stillwater Variance of a pool closer than 85' to Long Lake Dear Planning Commission We are requesting a variance for the installation of a swimming pool at 3120 Ilo Way The need for a variance is for allowing a pool to be constructed closer than 85' from Long Lake In meeting the setback requirements, we are faced with two constricting issues the curvature of the cul-de-sac and the bay in the shoreline We are seeking to enhance our property as many other landowners on Long Lake have done Our house is located on a cul-de-sac within The Legends of Stillwater and sits closer to Long Lake than any other house on the west side of Long Lake The house was moved closer to the lake when the City of Stillwater reviewed the construction plan and changed the layout Originally, the garage would have been a front loadmg garage, with the garage doors facmg Ilo Way The City decided that the lot was not going to be one of the lots designated as a front loadmg garage Changmg the garage access resulted in the house being closer to Long Lake than in the origmal Legend's development plan At our location on Long Lake the water bays in towards our home reducmg the marsh area between the water and the City trail which we granted easement to This bay brings the setback line from Long Lake even closer to our house The neighboring lots have significantly more marsh area, which mcreases their setback area Based on our review, our lot is the only lot on the west side of long lake faced with this constriction This issue coupled with the front yard setback creates a luruted constructable area within our lot Ongmally, we were planning on constructing a pool on the northern portion of our lot In discussions with landscape companies and pool companies, it was determined that the northern end of the lot would be difficult to build on because of the "No Mow, No Cut" area of the lot Not wantmg to risk impacts to this area, the pool was moved to the southeast corner of our back yard Having the pool running east to west, and with the existmg yard area bemg larger in this location, the pool will avoid all compacts to the "No Mow, No Cut" area Our backyard is naturally screened from the lake and walking trail easement The lot is unique because it has a very steep slope from the yard to the trail This area is all m the designated "No Mow, No Cut" area and has abundant natural growth on it From the lake and trail the majority of our back yard is not visible due to elevation change and natural screening As part of the landscaping plan we are addressing significant drainage issues that exist The current placement of the pool allows us to best address the dramage issues while moving the pool as far west as possible Constructing the pool in any location allowing us to meet the 85' setback requirement is not possible In meetmg the property line setback requirements, the garage footings and foundation would be adversely affected The mstallation of this pool, as seen m the landscape plan, is bemg done as part of a landscape plan by Buell's Landscape Center and Poolside The Legend's Architectural Review Committee has approved the landscaping plan The pool will not affect the use of any adjacent properties It will remain completely compatible with the neighboring properties and will not impact the designated "No Mow, No Cut" area This pool will be used for physical therapy for our son with special needs along with recreational use for our family Thank you for reviewing our request If you would like to meet on site with us we would be available Thank you, Mark Lmdeberg 3120 Ilo Way Stillwater, MN Home phone 651-275-9467 May 19, 2006 Stillwater Planning Commission City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Re Variance for installation of a swimming pool 3120 Ilo Way, Stillwater The Legends of Stillwater Variance of structure closer than 85' of Long Lake Dear Planning Commission We are requesting a variance for the mstallation of a swimming pool at 3120 Ilo Way The need for a variance is for allowing a structure to be constructed closer than 85' from Long Lake This pool will be used for therapy for our son with special needs along with recreational use for our family The mstallation of tins pool, as seen in the landscape plan, is being done as part of an expansive landscape plan by Buell's Landscape Center The pool will not affect the use of any adjacent properties and it will remain completely compatible with the neighboring properties Constructing this pool in any other location allowing us to meet the 85' setback requirement is not possible In meeting property line setback requirements, we would end up constructing the pool too close to the existing garage This would cause exposure of the garage footings and foundation Thank you for reviewing our request If you would like to meet on site with us we would be available Thank you, ark Lntideb g 3120 Ilo Way Stillwater, MN Home phone 651-275-9467 *PIONEER LAND SURVEYORS • CIVIL ENGINEERS 2422 Enterprise Drive Mendota Heights MN 55120 (612) 681-1914 FAX 681-9488 engineering Certific&'e of Sury Ho us • 8 LAND PLANNERS • LANDSCAPE ARCHITECTS for DAN B Address 914.3 jfr r e ,,. B 625 Highway 10 N E Blaine MN 55434 (612) 783 1880 FAX 783-1883 U 8' Bit Pathway Shared6Dock1Cryp.) Proposed House. � Z r=30' 0 r 1 N. s x 900 o Denotes Existing Elevation xOMD Denotes Proposed Elevation —�-- Denotes Drainage Flow Direction — — Denotes Drainage & Utility Easement —o— Denotes Monument Denotes Offset Iron Bearings shown are assumed LOT 9 , BLOCK 4 NOTE NOTE PROPOSED BUILDING ELEVATIONS Lowest Floor Elevation 9°8* Top of Block Elevation 9/4 4- Garage Slob Elevation 9/ o Proposed building elle-grading is in accordance with the grading plans °Waved by the city engineer Contractor must verify all dimensions Sc driveway design THE LEGENDS OF STILL WATER WASHINGTON COUNTY, MINNESOTA We hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I a duly licensed Land Surveyor under the laws of the State of Minnesota Dated this 17114 day of-ctiDrt-ior• A D Oat Signed PIONEER ENGINEERING, P A Scale: 40att By Ita2.).>•"—azz? Robert B Sikich, L S Reg No 14891 or Terrence E Rothenbacher, L S Reg No 2059 14611 18567 00 JMP tie .ry}rr,4 ) fir" 7 1N� i RCN rAfix-...r-.e, 1;:tj;14t"Vski4:: j 17. twwA4 Qi1 I LAI tiNTA- 94;14 +114. t e 454 M l ralc Vtlei { - ,-t`411141 M i J _,40Nieaci 141 ladrage/ Pt/s ,Aril * PIONEER engineering LAND SURVEYORS • CIVIL ENGINEERS LAND PLANNERS • LANDSCAPE ARCHITECTS Certificate of Survey for House Address 8 vacant co e (9131] ass / G1�S9 62?j09 LO �Ory / 2422 Enterprise Drive Mendota Heights. MN 55120 (612) 681-1914 FAX 681-9488 625 Highway 10 N E Blaine MN 55434 (612) 783-1880 FAX 783-1883 DAN BROWN BUILDERS 3tao no Way Sooro6'23$E 119.91 LONG LAKE rot �sa1 \ TT—EL/NE RaNAGE AWD .nU zY BEM N142e1Jf tly / V 1, e..- 20®e 'a0598 07 4 9000 Denotes Existing Elevation '0e) Denotes Proposed Elevation Denotes Drainage Flow Direction _ — Denotes Drainage & Utility Easement —o-- Denotes Monument --♦— Denotes Offset Iron 914.3 914.3 / 9 20 907 0 91a 62.42w \ S0611'19 E Bearings shown are assumed / / / / / / / 10 vacant Proposed House. 1"=30' PROPOSED BUILDING ELEVATIONS Lowest Floor Elevation 90044 Top of Block Elevation 9' + Garage Slab Elevation WC o NOTE Proposed building site -grading is in accordance with the grading plans ap�oved by the city engineer NOTE Contractor must verify all dimensions & driveway design LOT 9 BLOCK 4 THE LEGENDS OF STILLWATER WASHINGTON COUNTY, MINNESOTA We hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I a duly licensed Land Surveyor under the laws of the State of Minnesota Dated this 1rri4 day of Cebrvor� A D lgat Signed PIONEER ENGINEERING, P A Scale: Bach-40 ee BY Robert B Sikich, L S Reg No 14891 or Terrence E Rothenbacher, L S Reg No 2059 14611 18567 00 JMP * PIONEER LAND SURVEYORS • CIVIL ENGINEERS 2422 Enterprise Drive Mendota Heights, MN 55120 (612) 681-1914 FAX 681-9488 engineering LAND PLANNERS • LANDSCAPE ARCHITECTS 625 Highway 10 N E Blaine MN 55434 (612) 783-1880 FAX 783-1883 Certificate of Survey for DAN BROWN BUILDERS House Address 31Q0 Do Way 8 vacant rweV (131] 913.5 x soo o Denotes Existing Elevation Denotes Proposed Elevation —•— Denotes Drainage Flow Direction Denotes Drainage do Utility Easement —o-- Denotes Monument —+— Denotes Offset Iron / / 20 ( /905136 07 4 914 914 5 / B SOO O6'23ME 119.91 w, LONG LAKE _TER LINE 1 RqiNA— AND ()kin, Ni4.3•iJ E — -^r 905 6 9 00/ 907 07 ram / J ,9�I) 62.42. 5061 '19 E Bearings shown are assumed / / / / / / / a / 10 vacant Proposed House. 1 a=30' PROPOSED BUILDING ELEVATIONS Lowest Floor Elevation 9004. Top of Block Elevation 976 4' Garage Slab Elevation 914 o NOTE Proposed building site- grading is in accordance with the grading plans appoved by the city engineer NOTE Contractor must verify all dimensions Qc driveway design LOT 9 BLOCK 4 THE LEGENDS OF STILLWATER WASHINGTON COUNTY, MINNESOTA We hereby certify that this survey, plan or report was prepared Land Surveyor under the laws of the State of Minnesota Doted this Scale: 1 inch _ 4 0 feet by me or under my direct supervision and that I a duly licensed day of Cebruoro A D 1 rip Signed PIONEER ENGINEERING, P A By 1 .9-2 C-25:1St- Robert B Sikich, L S Reg No 14891 or Terrence E Rothenbacher, L S Reg No 2059 14611 18567 00 JMP Memo To -Planning Commission From Bill Turnblad, Community Development Director r Date June 8, 2006 Subject Public Hearing for Case No SUB/06-25 The applicant for Case No SUB/06-25 has requested a continuance to the July 10, 2006 Planning Commission Meeting Since the this case has been advertised for a public hearing, you will need to open and continue the hearing -6 kik BIR kI PLA 04 M NNE 0 A DATE APPLICANT REQUESTS LOCATION COMPREHENSIVE ZONING PC DATE REVIEWERS PREPARED BY June 12, 2006 CASE NO SUP\V\06-26 Kurt and Nancie Sesemann-Klitzke 1 Special Use Permit to allow an Accessory Dwelling Unit [31- 1-12(4)] 2 Variance to be in the front of the midpoint of the primary residence [31-1-12(4)d ] 420 Linden St W PLAN DISTRICT SFSL - Single Family Small Lot RB - Two Family June 12, 2006 Community Dev Director Michel Pogge, City Planner 7. DISCUSSION The applicant is requesting a special use permit for an accessory dwelling unit that includes a basement, two -car garage, and an accessory dwelling unit on the second floor The applicant is also requesting a variance to Chapter 31-1-12(4)d of the Stillwater City Code to allow the accessory dwelling unit to be located in front of the midpoint of the primary dwelling unit The proposed accessory dwelling unit will be connected to municipal sewer and water services The lot size is 11,200 sq ft , and 10,000 sq ft is the minimum lot size permitted by the ordinance for an accessory dwelling unit The applicant has indicated to City Staff that the siding for the proposed accessory structure will be cedar siding to match the type and style on the existing primary residence The roof structure will have the same roof pitch with exposed rafters like the existing primary residence 420 Linden St W Page 2 EVALUATION OF REQUEST Special Use Permit All accessory dwelling units in the RB (two-family district) zoning district permitted special uses in the RB district subject to the following conditions a Lot size must be at least 10,000 square feet The subject lot is 11,200 square feet b The accessory dwelling unit may be located on second floor above the garage The proposed accessory dwelling unit is located on the second floor above the garage c The accessory dwelling unit must abide by the primary structure setbacks for side and rear setbacks The proposed accessory dwelling unit is proposed to have a 30 foot rear yard setback and a 20 foot side yard setback The proposed setbacks meet the requirements of the RB district d The accessory dwelling unit must be located in the rear yard of the primary residence or be set back from the front of the lot beyond the midpoint of the primary residence The existing primary residence is setback 40 feet in the front The applicant is proposing to locate the front of the accessory dwelling unit at the same front setback as the existing primary residence In addition to their special use permit the applicant has made application requesting a variance to the zoning regulations to allow the accessory dwelling unit to be placed at the same front yard setback as the primary residence This request is being made in part due to steep slopes toward the rear and north of the subject property and due to the increased front yard setback of the primary residence compared to the setbacks of the existing homes to the north and south If the accessory dwelling unit is required to be setback at the midpoint of the existing primary residence it would encroach into the setback of the steep slopes and be impossible to construct the proposed accessory dwelling unit without encroaching into the required rear yard setback e Off-street parking requirements for an apartment and single-family residence (four spaces) must be provided The proposed accessory dwelling unit will provide the required four off-street parking spaces with two spaces in the garage and a minimum of two in the driveway 420 Linden St W Page 3 f Maximum size of the accessory dwelling unit is 800 square feet The proposed area of the living space in the accessory dwelling unit is 517 square feet g The application requires design review for consistency with the primary unit in design, detailing and materials The applicant has indicated to City Staff the siding for the proposed accessory structure will be cedar siding to match the type and style on the existing primary residence The roof structure will have the same roof pitch with exposed rafters similar to the existing primary residence Since these details are not clearly noted on the plans staff recommends this be made a condition of the approval The roof on the existing primary residence is a hip roof with a gable roof proposed on the accessory dwelling unit To the north and south the roofs are gable and the two homes across the street are cross gable roofs With the variety of roof styles in the area the proposed gable roof should fix in to the neighborhood The garage doors are proposed to be single car doors, which will provide visual relief between the doors and make the mass of the garage doors appear visually smaller h The height may not exceed that of the primary residence The existing primary residence is a two story home with most of the living space on the first story and a bedroom in what would be the attic space on the second floor The proposed accessory dwelling unit is similar is style with the garage on the first floor with the accessory dwelling unit in the attic space of the second floor i Both the primary and accessory dwelling unit must be connected to municipal sewer and water services and be located on an improved public street Today, the primary dwelling unit is connected to municipal sewer and water services The property owner has verbally confirmed to City Staff that the accessory dwelling unit will be connected to municipal sewer and water services Since this is not clearly noted on the plans staff recommends that this be made a condition of the approval J Maximum size of garage is 800 square feet The proposed area of the garage in the accessory dwelling unit is 740 square feet Staff would also note that this property is NOT located within the City s historic downtown commercial district 420 Linden St W Page 4 Variance The applicant is requesting consideration of a variance to Chapter 31-1-12(4)d of the Stillwater City Code to allow the accessory dwelling unit to be located in front of the midpoint of the primary dwelling unit A variance may be granted only when all of the following conditions are found 1 A hardship peculiar to the property, not created by any act of the owner, exists Personal, family or financial difficulties, loss of prospective profits and neighboring violations are not hardships justifying a variance This request is being made in part due to avoid constructing within the setback area of steep slopes located toward the rear and north of the subject property If the accessory dwelling unit is required to be setback at the midpoint of the existing primary residence it would encroach into the setback of the steep slopes This is a hardship due to the topography of the lot, which was not created by any act of the owner Additionally due to the location of the primary dwelling unit the accessory dwelling unit would likely need to encroach into the required rear yard setback if the accessory dwelling unit 2 A variance is necessary for the preservation and enjoyment of substantial property rights, and, if granted, would not constitute a special privilege not enjoyed by neighbors Without the approval of a variance the applicant would be denied the opportunity to construct the accessory dwelling unit as presented and could make it imposable to construct an accessory dwelling unit as allowed in the RB zoning district without at least a variance to another section of the City Code 3 The authorizing of the variance will not be of substantial detriment to adjacent property and will not materially impair the purpose and intent of this section or the public interest nor adversely affect the comprehensive plan The authorizing of the variance will not be of substantial detriment to adjacent property and not materially impair the purpose and intent of this title or the public interest nor adversely affect the Comprehensive Plan ACTION BY THE HERITAGE PRESERVTION COMMISSION The Heritage Preservation Commission (HPC) reviewed a design review application for this accessory dwelling unit on June 5, 2006 The HPC approved the application with the conditions listed below and with the condition that the applicant receive a variance to allow the accessory dwelling unit to be located in front of the midpoint of the primary dwelling unit 420 Linden St W Page 5 FINDINGS Special Use Permit 1 As conditioned, the proposed accessory dwelling unit conforms to the requirements and the intent of the zoning ordinance and the comprehensive plan 2 The proposed accessory dwelling unit will not be injurious to the neighborhood or otherwise detrimental to the public welfare Variance 1 That the hardship is peculiar to the property, not created by any act of the owner, exists In this context, personnel financial difficulties, loss of prospective profits and neighboring violations are not hardships justifying a variance 2 That a variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same district and in the same vicinity, and that a variance, if granted, would not constitute a special privilege of the recipient not enjoyed by his neighbors 3 That the authorizing of the variance will not be of substantial detriment to adjacent property and not materially impair the purpose and intent of this title or the public interest nor adversely affect the Comprehensive Plan RECOMMENDATION Approval as conditioned CONDITIONS FOR APPROVAL 1 All revisions to the approved plan shall be reviewed and approved by the Heritage Preservation Commission 2 The accessory dwelling unit shall be similar style, materials and color as the primary dwelling unit 3 The driveway to the accessory dwelling unit/garage shall be sufficiently wide to provide two parking spaces in front of the garage and shall provide surfacing as required by Sec 31-1-25(6)g of the Stillwater City Code 4 The accessory dwelling unit shall connect to public sanitary sewer and water service 5 The accessory dwelling unit have exposed rafter tails similar to the primary dwelling unit 6 The windows on the end gable be replaced with double hung sash windows, either single or paired, similar to those on the primary dwelling unit Attachments Applicant's Form, Elevation Drawing, Site Plan, and Photos PLANNING ADMINISTRATION APPLICATION FORM COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER MN 55082 Case No Date Filed Fee Paid Receipt No ACTION REQUESTED Special/Conditional Use Permit Variance Resubdivision Subdivision* Comprehensive Plan Amendment* Zoning Amendment* Planning Unit Development * Certificate of Compliance *An escrow fee is also required to offset the costs of attorney and eng►neenng fees The fees for requested action are attached to this application The applicant is responsible for the completeness and accuracy of all forms and supporting material submitted in connection with any application All supporting material (, e , photos, sketches, etc) submitted with application becomes the property of the City of St►l/wafer Sixteen (16) copies of supporting material is required If application is submitted to the City Council, twelve (12) copies of supporting material is required A site plan showing drainage and setbacks is required with applications Any incomplete application or supporting material will delay the application process After Planning Commission approvals, there is a 10-day appeal period Once the 10-dayappeal ended the applicant will receive a zoning use permit which must be signed and submitted to the City to obtain the required budding permits PROPERTY IDENTIFICATION Address of Project "/doLod_e41 Sf id Assessor s Parcel No 0& y /I ,p �Ig Zoning District 1� !� escnption of Pro ect (/CcY/a ��e // 11GEO Cgde) cc ^ 0/94/ //-7� al/c�v 0cceS50�1 �/ j�in A) eJUP 6Qr ace 6 a iGQ i e 1 f f ' ' 4 o„ /- 07 %'era,-- "1 hereby state the foregoing statements and all data, information and evidence submitted erewit h in alllre_cien c - respects, to the best of my knowledge and belief to be true and correct 1 further certify I will comply with the permit if it is granted and used " Property Owner K r144/ C/t kb/ z4,t✓ Mailing Address 4.20 Line-P/ City - State - ZipLJ haa,4'r Pig/ ss U g0- Telephone No .3.S7-- 0370 Signature 0.4.71 4 Jli (Signaty(y€ is required) (Signature is required) VV SITE AND PROJECT DESCRIPTION Representative Mailing Address City - State - Zip Telephone No Signature Lot Size (dimensions) x Land Area Height of Buildings Stories Feet Principal Accessory Total Building floor area square feet Existing square feet Proposed square feet Paved Impervious Area square feet No of off street parking spaces H \mcnamara\sheila\PLANAPP FRM April 20 2005 May 13, 2006 To Stillwater City Planning Commission From Kurt and Nancie Klitzke 420 Linden St W Stillwater 651-351-0510 We are asking for a Use Permit at 420 Linden St W in Stillwater to build a new structure (an auxiliary dwelling, with a garage ) There is one single dwelling home on this property currently with no garage The Use Permit is for auxiliary living space above the garage This will give us approximately 500 square feet of finished space We are asking for this additional space to be built because the house on the property is only 881 square feet We are also asking for a Variance for the setback and location of the auxiliary dwelling Since the house is setback 40', we would like to put the new structure even with the house or we can go up to 10' back The builder, Jesperson Homes, will meet all regulations, requirements, or special conditions We believe there is nothing detrimental to the public in our plan, and that it will only enhance the property value The new structure will match the existing house on the lot, and a much needed clean up of the lot will be done Thank you for your consideration of this project Kurt and Nancie Klitzke 4 I i .,____ 9 - 1.- l I 17 I __ I I \ \O / a o1 yr 1 Iri -1' orae o Al , 1I . - - 1 1 mzt-f- 7- Location Map i - 1 1 11111r11.111111\ ILIW R- W RI)W IL W R_IW R_IW Vicinity Map 0 Scale in Feet 116 Oran, aro a m2.a ry wa ngthla Low County."... 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A rr5 Vt. 14 5. f- r I s,--tA h'r'+d. ,ieo- t i I � (,nr')gx 1 0 1 (a=rI') ,t b Mr) o ,cob Gal Os] ai-..i°1 1.'4*V .vao-c; CI 4,515)10, - .l ro97 (to ,ddnf »f r> oesrav J.4'-ud NI V dl i1f — — — r r I E BIRTHPLA E OF M I N N I S 0 1 A DATE June 5, 2006 DISCUSION ITEM CR (Cottage Residential District) regulations related to driveway widths PC DATE June 12, 2005 REVIEWERS Community Dev Director PREPARED BY Michel Pogge, City Planner/ DISCUSSION A property owner in the Settlers Glen development contacted City Staff concerning the appearance of driveways in the development Settlers Glen is in the CR (Cottage Residential District) zoning district The CR regulations provide for a maximum driveway width of 12 feet at the front property line The objective of this requirement is to limit the driveway 'mass' along the street, provide separation between driveways, and add additionally green space, especially due to the reduced minimum lot width requirement of 50 feet An unintended consequence of this requirement has been most property owners have used the full maximum drive width of 12 feet at the street without adding radiuses at the end of the driveway The result has been the areas around the end of the drives have been driven over leaving an undesirable appearance Additionally, some property owners have added a radius to their driveway by installing rock, stone pavers, brick, or other material at the end of the driveway along the street Photos of various driveways in the Settlers Glen development have been attached for your reference RECOMMENDATION Staff recommends the Planning Commission discuss this item at your June 12th, 2006 meeting Possible options the Commission could consider include 1 Take no action and leave the code as is 2 Propose a change to the CR zoning districts to address this issue Possible solutions include a) allowing radius at the end of the driveways along the street while requiring a maximum driveway width of 12 feet at five (5) feet behind the back of curb, b) allow a wider driveway width, c) some other proposal the Comrrussion sees fit a 4 Ili 1�11� �r1 1111 1 Iwater HE BIRIMPLACE OF MINNESOIA DATE June 8, 2006 CASE NO NA APPLICANT Putman Planning & Design LANDOWNER Croix Capital Group, Inc REQUEST PUD Sketch Plan Discussion LOCATION SE Quadrant of McKusick Road & Manrung Avenue COMPREHENSVIVE PLAN RR, Rural Residential ZONING Partial AP, Agricultural Preservation (In City) Partial NA (In Township) HEARING DATE NA PREPARED BY Bill Turnblad, Community Development Director BACKGROUND Putman Planning & Design has submitted a request to discuss a Sketch Plan for property owned by Croix Capital Group, Inc The property is located in the southeast quadrant of the intersection of McKusick Road and Manning Avenue It is bounded on the east by Marylane Avenue North The Sketch Plan was discussed by the Planning Commission at its May 8, 2006 meeting The main concern seemed to be with the proposed density of the project The 20 acre site was shown with 109 units on 67 lots, which is a density of 5 5 units per acre Though, the developer also envisioned an allowance for accessory dwelling units m each of the single family homes This would have created a potential for 159 units m the project, or 8 0 units per acre The development team has revised the housing product mix The revised Sketch Plan shows a total of 57 dwelling units, of which 11 are two-family homes This is a total of 68 dwellings, or 3 4 units per acre Manning Station Sketch Plan June 8, 2006 Page 2 of 3 REVIEW PROCESS The Planning Commission should conduct an informal discussion of the Sketch Plan proposal When the developer is ready to begin the formal process, the following specific requests will need to be made of the City 1 Rezoning a Currently the property is zoned AP, Agricultural Preservation So a rezoning will be needed b The CR, Cottage Residential zorung district would seem the most appropriate i The CR zoning district permits detached single-family homes On corner lots only, two-family homes are also permitted 1 If rezoned to CR, the Ordinance would have to be amended to accommodate the proposed distribution of the 11 two-family homes The ordinance only allows two-family homes on corner lots 2 As an alternative to the ordinance amendment, the property could be rezoned to CR/PUD In a residential PUD the massing standards and housmg types are allowed flexibility Therefore, as long as the density is similar to the proposed base zoning (CR), which the proposal is, the distribution of the two-family homes could be flexible u The CR zoning district sets 50 feet as the minimum lot width The Sketch Plan includes many 40 foot wide lots 1 If rezoned to CR, lot width variances would need to be requested 2 As an alternative to the vanances, the property could be rezoned to CR/PUD Lot widths are not crucial in a PUD Rather, the base zoning and Comprehensive Plan establish a density for the project The developer decides where those units are best placed without respect to lot sizes and lot lines in Lot areas One quirk with Stillwater's Zoning Ordinance is that in some Zoning Districts, including the CR district, minimum average lot sizes are mandated even if the project is a PUD In the CR district, the mu mum average lot size if developed as a PUD is 6,000 square feet for all detached smgle family home lots, and 9,000 square feet for all two- family lots The developer will need to calculate these averages If they do not meet the CR standard, either the sizes will have to be adjusted or a variance request will have to be submitted for lot sizes 2 Comprehensive Plan Amendment a Currently the Comprehensive Plan s land use map designates the property for RR, Rural Residential development When the property is annexed into the City, this designation will need to be amended b The proposed density is 3 4 units per acre The Single Family Small Lot (SFSL) land use designation allows for up to 4 units per acre Since Settler's Glen on Manning Station Sketch Plan June 8, 2006 Page 3 of 3 the east of the Sketch Plan site is already developed as an SFSL project, it would seem to be consistent to amend the Comp Plan map to the SFSL designation for this project 3 Prehmmary Plat Approval a In order to make road connections between Marylane Avenue and Abercrombie Way as well as Settler's Glen, it would be necessary to bring some or all of the landowners on the east side of Marylane Avenue into the discussion The developers have been meeting with that group of landowners and will hopefully have additional information at the Planning Commission meeting 4 Concept PUD approval 5 Annexation a Since the majority of the Manning Station site is in Stillwater Township, annexation would be necessary b According to the orderly annexation agreement, the City and Township would be allowed the option to allow annexation earlier than 2015 for the property This is due to the unfill" status of the property As long as City utilities are available (they can be), and the land abuts property already in the City (which it does), the property could be approved for annexation 6 Final Plat approval 7 Final PUD approval RECOMMENDATION Discuss the Sketch Plan and comment on as many of the issues as possible to give the development team a general sense of the Planning Commissions view of the proposal attachments Zoning Map Comp Plan Land Use Map 5/8/06 PC Minutes Sketch Plan City of Stillwater Planning Commission May 8 2006 Roger Tomten architect reviewed preliminary design plans for the school K-12 with up to 600 students The plans included office space and potential retail space along Second Street a parking element with 162 parking spaces and auditonum/theater facing Main Street He also showed several images of urban schools During discussion Commission members raised a number of concerns, but the consensus was that the possibility was ' intriguing' and the Commission was willing to look at the proposal in further detail Concerns included having "little kids" in the downtown area the additional traffic generated both by buses and student drivers as the school reaches K-12 the loss of a prime downtown retail location the uncertainty of the impact of the new housing developments and new bndge on the downtown traffic Members asked for more information regarding traffic projections and busing plans design elements specifically massing of the building, and examples of other K-12 schools located in downtowns along with the safety records of such schools Discussion of Manning Station development Present for the discussion were Marc Putnam, Putnam Planning and Design, and Chris Aamodt one of the property owners of the 20-acre site located at the southeast quadrant of McKusick Road and Manning Avenue Mr Putnam reviewed plans for the development Plans included berming/landscaping along Manning Avenue a 3 9-acre active park area in the center of the development and the main terminus existing at a recreation of a station structure As proposed the development would include 50 single-family units rune corner Tots with three units, and eight lots with four units The multiple units would appear as single-family structures, Mr Putnam said He showed a number of multiple -unit housing products Mr Junker said he liked the plans for the Manning corridor and the central park in the middle of the development but said he thought the proposed density was too great Mr Putnam responded that the density would not be visible due to the design of the housing products Mr Teske said the City does need more housing diversity and more affordable housing but such housing should not all be in one location Ms Block spoke of the number of accidents at the Manning/McKusick intersection and noted there are no plans to improve that section of Manning in the near future Ms Block also questioned whether the central park would be available to the public Ms Block's main concern was with the proposed density Mr Dahlquist also spoke against the proposed density of the project No action was taken 4111teL,, Commwnm Develonmem Department Exhibit A Manning Station Zoning Map City limit Zoning Districts I--I-7 AGRICULTURE 1111 BUSINESS PARK COMMERCIAL - BUSINESS PARK INDUSTRIAL ® BUSINESS PARK OFFICE GENERAL COMMERCIAL ® CENTRAL BUSINESS DISTRICT P7 'I CRD J GENERAL HEAVY INDUSTRY ISLE 111 PUBLIC ADMINSTRATIVE OFFICES ONE FAMILY RAI 11111 TWO FAMILY HIGH DENSITY FAMILY 1 MEDIUM DENSITY FAMILY AN POTENTIAL RIGHT-OF-WAY WATER EN COTTAGE RESIDENTIAL '::�< TRADITIONAL RESIDENTIAL 1111 LAKESHORE RESIDENTIAL ® VILLAGE COMMERCIAL 11111 TOWN HOUSE PUBLIC WORKS FACILITY ® COVE TOWNHOUSE RESIDENTIAL ® COVE COTTAGE RESIDENTIAL 111111 COVE TRADITIONAL RESIDENTIAL 1 ! —1 C .... ., .,_.donmentDeoarnnent SITE Exhibit B Manning Station Comp Plan Map City limit Comprehensive Plan classifications RR SFLL SFSL 1ASF MF j CN - CC ▪ BPC - A/O BPO BPI RDP OPS FT] PC - CEM - PG - PM - PN - ES - SS RAIL ( ;ROW WAT WET 'OUT _ PF r 1 l F._ACI V .n LAW E Kl lA 1 _✓ W Y.• 1. N v I \ --r ps..Rir.: S.: �r-•A .� = �. :vim: ►�- 34811 - •+. _.._ __ - ----- -- ilk II loWI is._■r. A�11�._ ...:Anrirrriainnw.aar" �� �+a i7�?' , Nicallii ' SI rmgnw rwwwNv�..� r i J s• I All I t l l It L-1 Na k kV' ./ c .ram st w s...... tee .• (. AYl'1 AL GROUP INC. CHRIS AAMODT- PRINCIPAL 6428 MANNING AVE NORTH STILLWATER, MN 55082 PHONE: (651) 235-7212 FAX: (651) 351-7341 MANNING STATION CONC PT PLA 6arro z AP t 10Tssist,6 Z Rt.rA m l q st.z FD.vut t-K c t.oT4Me 1 'MU PotAW7 CG_FCTIP1CATION, I l..a.,6n u,. plm ... pvp..d to e. or d.nd:,en ..p...n,=. red ,A. Ia.• d.6 Ion d o. S.0 .,t Now Il.0 - D.n.. Oa* DESIGNED � CHECKED DRAWN TRANSMITTED 1-18-06 7:30PM 4-10-06 CO?!FIGrIT O 2006 PUTMAN PLANNING & DESIGN a.wo.d.wm .d .:. aar.. t.ar d. •IDa... psr 8 Dap FRAM D w ltltnl�...w b ti,p.e • s.e ,n,.,:. xu ay. 0....p.. J.. - DD6DDa.dIe..Me. am+. a-..•� • LAND CApt ARCHPi�CTlJi •LAND,LANNING •RLMI. DLTADL •ARCHTL_CT-MAL ILL0.71 /TICN •GR.VTIIC CLlK.7N • PUTMAN PLANNING & DESIGN SWb>lI Iu1Rr.., Square MN Scud Slit.( Nudes: WI S1116 Plum: L7LD3Rl Apt E l bE info putewTtanWnRa ldileum weplanniAganddeajon.n '^- CISIAM111111111111111111111111 CROIX CAPITAL GROUP, INC. CHRIS AAMODT- PRINCIPAL 6428 MANNING AVE. NORTH STILLWATER, MN 55082 PHONE: (651) 235-7212 MANNING STATION wiiigaimagiumn HOUSING MIX Aar pl•• ••• sm...., 6, •, wren woo nJ : •• a duly C,,,•••,,,sel Law,. A< •sc‘r ,••• G••• C.G.../1GINLD DRAWN DESIGNED CHECKED DRAWN C• • 2 • Ott COr"Yr.r..1C:-11" 0 2fKl6 PplIAAN KENNING & DWG,. 600. 00100001 .0000008 01 10.0 00 pelLI•00 tr,,d1114D110 b0010,0010rr:IL 10, ,C111:01 P100001.1 iy !JIM, ••••ft 1-0104. aqh• ,••••ed oz, „Am cow., re..t 1141111111111.1111111111IP NIL-Jr-1 /0•EC.,-1,-E-Ct. • n..A.NrsaNG 011:2-117C-Nr1A1-117E-11Gr. • AJRC,-,-LC1LORAL GRA1.-VIC PLITAAN PLANNING & DESIGN War Nat relywn 5.1,••a• Seas•ell few.. l4a4.m. 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I AERIAL ILLUSTRATION VIEW LOOKING NORTH r, % H E BIR H A 0 M I N N F' 0 1 A DATE June 8, 2006 CASE NO NA APPLICANT St Croix Preparatory Academy REQUEST Downtown Site Discussion LOCATION 232 Main Street PREPARED BY Bill Turnblad, Community Development Director BACKGROUND The St Croix Prer y Academy is looking for a potential site for expansion Currently they' space lust west of Trinity Lutheran Church One of the sites the school is intere.�,.d in is the former Associated Eye Care property at 232 Main Street The pr.,- perty is zoned CBD, Central Business District Schools are permitted in this zorung district However, there are pros and cons related to a school use on Main Street Consequently, the school was before the Planning Commission on May 8 to discuss the property A mixed reaction was received On the one hand the proposed use was of interest On the other hand concerns were raised The concerns included • Potential safety concerns of having young students in the CBD • Additional traffic generated by buses and student drivers • Loss of prime downtown retail space • Impact of new housing on downtown traffic and parking Consequently, the Planning Commission requested more information to address • Traffic projections and bussing routes • More design details, especially massing of the buildings • Other examples of K-12 schools located in downtowns and the associated safety records of such schools In response the applicant submitted additional materials They are attached St Croix Preparatory Academy June 8, 2006 Page 2 of 2 REQUEST The school is asking for a continuation of the discussion attachments Location Map Letter from St Croix Prep Academy 5/8/06 PC Minutes Materials from Putman Planning & Design of 4k, 114ter ('ouummue I)e cloontuu r,r,t:ncnt St. Croix Preparatory Academy Site Map st. croix preparatory CADET April 20, 2006 Mr Bill Turnblad CITY OF STILLWATER 216 North Fourth Street Stillwater, MN 55082 Dear Bill, We are requesting to be placed on the agenda of the following meetings • Planning Commission Meeting, May 8, 2006 • City Council Meeting, May 16, 2006 Per our conversation the purpose would be to discuss the potential of St Croix Preparatory Academy building a permanent school location in the downtown Stillwater area I will call to confirm your receipt of this request If you have any questions, please contact me Thank you Sincerely, errez ve Director oix Preparatory Academy -379-6160 x303 1 gutierrez@stci oixprep of g 216 West Myrtle Street Stillwater MN 55082 • Phone 651 379 6160 • Fax 651 379 6165 • www stcroixprep org r 10. City of Stillwater Planning Commission May 8 2006 St Croix Preparatory Academy also sought input from the Commission regarding a potential building site in downtown the former Associated Eye Care property on North Main Street Mr Turnblad noted that while schools are a permitted use in the CBD the question is what is the highest and best use of this property in the downtown area Roger Tomten architect reviewed preliminary design plans for the school K-12 with up to 600 students The plans included office space and potential retail space along Second Street a parking element with 162 parking spaces and auditorium/theater facing Main Street He also showed several images of urban schools During discussion Commission members raised a number of concerns but the consensus was that the possibility was intriguing and the Commission was willing to look at the proposal in further detail Concerns included having little kids in the downtown area the additional traffic generated both by buses and student drivers as the school reaches K-12, the loss of a prime downtown retail location the uncertainty of the impact of the new housing developments and new bridge on the downtown traffic Members asked for more information regarding traffic projections and busing plans design elements specifically massing of the building and examples of other K-12 schools located in downtowns along with the safety records of such schools • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • X preparatory ACADEMY st.croix preparatory ACAV 1"'ElODLCT sti I (water site study Risimicamp CLRTInCATION I Ieube unify that this al. •.. aemaud 6r o, .1.. liana .....tot rd that ! a. a dais llu...d vela u Lwuae AAiva sada. th. Lae of the Su. al uaaaau. 5wun Fes: Mae P mo D. lm... u1e1 Dt-/IGNLD DRAWN DAT DESIGNED 8 June 2006 CHECKED DRAWN TRANSMITTED 0 2006 DUTMAN DUNNING 8 DESIGN aura 0.a l sp.ad.d thy die'ddes.. .111 I. a.��kY` Din U+�t 6c� ft! .t. 6,M Sum Cglad,t l.•u tys an nand pr: Do rem Woe pa. km MM. Mall YOU .Ob NUMbt.R • LANDICAPL ARCHRLCTURL • LAN BANNING • RL/1DWTIAL D • ARCHfRCTURAL ILLUITRAT'ION •c AM-1C DL/lON `PUTMAN PLANNING & DESIGN Suite 1111 Tu1gn•1Squam 501 Suatd Strut• Hudson, WI 54016 Chow: (7L5)1M1-tl'ai E Mad: ird aapuimanpiamtinganddeslgn:om .e.ra.paahmnplamungm+dd[Fi4n•aan 1 LAND USE The question of whether to locate a school facility in a downtown area parallels closely the current planning issues of mixed -uses, infill development and facility sharing. All of these are topics covered in numerous articles recently, under the titles of "Smart Growth" or "New Urbanism". We have attached an apropos article on the subject for your review, on mixed -use facilities and urban schools written by the American Planning Association. TRANSPORTATION One of Stillwater's ongoing challenges is balancing the pedestrian scaled character of a Historic Commercial Business District with the needs of an automobile dominated society. Solutions will require the highest level of cooperation and partnerships between the City and the business community. The City of Stillwater has experience in this regard, remembering the work required to facilitate a grocery store in the downtown area. In that example, the City did not accept the notion from standard grocery store developments that a large parking lot is needed in front of and between the high volume road and the front door. Using creativity and cooperation, a solution was worked out that has proven to be effective. When thinking about locating a school downtown, especially one that may facilitate students of driving age, it is important not to fall into the trap of expecting or visualizing huge parking lots to meet the needs of every driving age student. The Historic Commercial Downtown Design Guidelines requires, and the topography allows, us to hide substantial parking under buildings and tucked into the site in this location. This also seems to be a perfect match for a commercial area with major parking needs in the evenings and weekends of the summer months. Any students who did drive would use "public parking" spaces (through the use of permits, an added revenue stream for any parking structure). The timing of a students use, approximately 9 am to 3 pm would correspond with the lowest level of public use, so the fear of not meeting parking demands could become a mute point. It should also be noted that one of the reasons for locating a school in a higher density, or heart of a community would be to allow students to walk to school once again. How nostalgic! We've all seen the rash of recent articles regarding the obesity levels of school age children. TRAFFIC CIRCULATION The traffic congestion in the downtown area caused by the lift bridge is well documented and the addition of new housing units to the north end of downtown adds to the uncertainty of "how it will all function". In reviewing the issue we have paid close attention to the critical intersection, Mulberry and Main Streets. In the Site Vehicular Circulation illustration we have shown that only right hand turns would be made at this intersection. This could be occomplished through the use of signage and regulation, or it may just be a policy issue of the school buses and parents that drive to and from the school to drop off students. Other traffic management tools include the use of human traffic controllers (preferably the entertaining, well - dressed variety that add to the ambiance and character of the area) on patrol during the peak transportation times, or the ho-hum, knee-jerk option of adding a stoplight to the intersection. All of these options could resolve possible traffic delays, but we feel the right -turn policy advanced in the illustration would adequately resolve any issues. At the previous Planning Commission meeting it was noted that a traffic study was completed as part of the north end housing developments. We have tried to follow that lead to see if information may be available for analysis, and so far have found that no such study exists. MULTI -USE FACILITIES Previous generations of Stillwater residents, some not that long ago, supported local auditoriums for plays, operas, shows and a wide variety of entertainment. Downtown Stillwater was home to several such venues, the most recent, shown in the illustration, was raised around 1970. The economic reality today is that such venues need a multitude of uses to sustain their viability. The costs are just too high for single -use structures. The common sense solution is to create spaces that have multiple functions and users. We feel there is a fantastic possibility with this project to combine several municipal needs with the needs of the school, to create a whole that is greater than the sum of its parts. There is gathering momentum to once again have a location for local shows, plays, movies or presentation settings in downtown Stillwater. Such activities are now being held in bookstores, wineries, or the Armory. We feel there is great opportunity here to combine a school use with a municipal use, in the form of an auditorium. To add to that, there is also a precedent of including a gymnasium as the back stage area of the auditorium for added mixed -use benefit (the Winona Auditorium is an example of such a facility). These uses in conjunction with an attached municipal parking ramp seem to create an incredible amount of momentum and energy. DOWNTOWN DESIGN GUIDELINES The uses indicated and the topography of the site allows the project to meet the Commercial Historic District Design Guidelines. The massing study presented begins to illustrate, in greater detail, how the structures could fit into the pedestrian friendly streetscape. st.croix preparatory F'R OJLCT sti l lwater site study CRTIF-(CATION I knob, unify that this plan nit ntwtd he ae det y &neat nn..o& thee I o • daft lisee n.d Roleanonl Loaap. Arlene tn. t1. lend &ta Sm. of Ninon. Sy..a No.-. M. 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Mau Puma Deu En:eea usel DF11GNl=D DRAWN r. tomten DATL DESIGNED 8 Juhea20136 CHECKED DRAWN TRANSMITTED 0 2006 PLITMAN PLANNING & DESIGN �T T. a...Inr. .e - "bF.e� .� e. d .. dam, da � da ;E:e d< opa d w P4ee ,D..., by ill;IPud PSDI D�.ryloFwa J ^ (MDI))n� as.4 1•ei C .rib,', . . L`o .a aw; a a:by .w.:ei ndnm salt"" 1— PP89DD ' 2 T OF MELT 2 2 • LAND/CAT— ARCHRiCT MT_ •LAND IT.ANNNG • RL/IDGNIIALD • ARC rureAL iLL ILLUTITATON •GRATA( DL/IGN PUTMAN PLANNNG & DESIGN Sule.'I01 Tulg.en .quart 502 Suound Sim•L Hudson, WI 54010 PMmer C• L 1 w I-029I E 1441: LnfMyumunplannirylvlddeslgn.ao.n ww w.peumanplannangnnddea{Aamm American Planning ANs wlallon A alenl arr:N r+ rt mDA,trfa Itoipra July 2004 The ABCs of Mixed Use Schools Schools and communities learn the meaning of "co -location." By Jim Romeo Print Now Last November, the good people of Chesapeake, Virginia, squeezed Into the local school administration building to debate the hot topic of the day: needed relief from overcrowded schools. The school board proposed to solve the problem by busing students to Tess crowded schools. Was there a way around that unpopular choice? The answer wasn't obvious. But at least the residents of Chesapeake aren't alone. Crowded schools, old facilities, and strained budgets continue to stump school administrators nationwide. At the same time, municipal planners face a multitude of community Issues: sprawl, limited public utilities and transportation, changing demographics, and independent -minded local governments. In some areas, municipal planners have teamed with school administrators, the community, and other public and private partners to create a collaborative solution: co -located community schools, Co -locate the school with a public library, fine arts center, senior center, community college branch, soccer stadium, public park, museum, or zoo, and you create a valuable new community asset that reaches beyond the traditional function of a public school. Suddenly the whole is greater than the sum of its parts. Off hours are prime hours "At 3 o'clock, when many other schools close their doors, management is seamlessly turned over to a county agency that maximizes the use of every facility," explains Stephen Donnelly, AICP, a Maryland -based consultant who specializes in school planning regulations and development impacts. "The gym is open to everyone with a recreation and parks card, classrooms are scheduled for community uses [suds as) community college classes, yoga, and ceramics," Donnelly explains. "In some examples, the 'school' library is really the community library with a separate wing to serve the school students during Bass time.' Co -location may be the logical outcome of the nation's demographic trends. From 1977 to 1990, the number of children born to baby boomers increased by 25 percent, reaching a peak of 4.1 million births in 1990, according to U.S. Census data. In the following decade, public high school enrollment increased 19 percent and elementary school enrollment 12 percent. By the year 2000, public and private school enrollment, kindergarten through grade 12, had reached a record 53.2 million students. Many public schools are bursting at the seams and could use renovation. According to the U.S. Department of Education's National Center for Education Statistics, 28 percent of all public schools were built before 1950, and 45 percent were built between 1950 and 1969. All the more reason for thinking outside the box. "Schools are always the most expensive community facilities, but, If you add up the operating hours, they are dosed far more than open,' says Donnelly. "Yet, by carefully combining uses, costs are shared, facility investments are maximized, and community needs are better addressed." The Henry Ford Academy, a charter school that serves 400 Detroit -area students, is located on the campus of the Henry Ford Museum In Dearborn, Michigan. The 14-acre museum has more than one million artifacts, and the adjacent Greenfield Village complex provides an 80-acre outside learning environment. Facility costs were less than 20 percent of what they would have been to build a new school. Sharing costs and resources helps make the most of community Investment. 'Acquisition costs vary dramatically, but site development generally is 11 percent of the total construction cost,' says Michael Hall, of Fanning/Howey Associates in Celine, Ohio, who has served as the facility planner for numerous co -located sites. 'With shared site amenities, the savings on roads, parking, and utilities, as well as site acquisition costs, can be significant.' About 25 percent of all school boards have no authority to seek their own funds through bond referendums or taxation. Instead, they rely on funding from the county, municipal, or state government, explains Mary Filardo of the 21st Century School Fund in Washington, D.C. Filardo helped organize the construction of Washington's James F. Oyster Elementary School through a public - private partnership that used rents from low-income housing in combination with grant money to fund a leaseback to the school by a private developer. The school opened in 2001 and now has about 350 students. Inspiring Minneapolis 'We Inspire Learning" is the motto of the Minneapolis Public Schools, but inspiration took a different form in the mid-1990s, with the addition of about 1,000 new students each September. The city planned to build a new school each year for a five-year period. City planners were Intent on using the schools for things other than school functions. Land was scarce because the city school board had dosed schools and sold off land during an earlier downswing in enrollment. Now it was time to make use of whatever was available. New schools were located next to city parks so that parkland could be used for playfields and recreation. In addition, each school was designed to become a neighborhood center. "We would design and build the schools with a 'knuckle,"' says Paul Farmer, AICP, then planning director of Minneapolis and now executive director of the American Planning Association. 'When you entered the school, the gym and cafeteria and meeting rooms might be off to the left, and all the classrooms and offices might be off to the right_ So we could easily shut down all of the sdiool facilities after hours, nights, and weekends, at the very times when you want those other facilities to still be open." Farmer also relates his experience with Minneapolis's Interdlstnct Downtown School, which opened In 1999. "We built a school that involved the city school district and eight suburban school districts," he explains. 'Since it was a multiple district proposal, we were able to get quite a bit of money from the state.' (See 'A Toolkit for Tomorrow's Schools,' October 2003.) The school was located right In the middle of this thriving downtown. "That was one where the city assembled the site and we put down an underground parking garage,' explains Farmer, 'Two buildings were built on top of the parking garage. One was this nine -district school. The other was a School of Education for the University of St_ Thomas. The site we chose was on the downtown side of the University of St. Thomas campus.' The university agreed to move its school to this downtown campus partly because the location was ready-made for student teadung. In acquiring and developing the site, the three entities shared various costs. "Successful communities are complex systems," says Randy Fielding, a principal of Fielding/Nair International of Minneapolis, whose focus includes the design of learning environments. "It's difficult, if not impossible, to create a richly complex community in a new development. Rather, It is something that grows as a child does. Connections that develop among businesses, schools, churches, health dubs, book stores, recreational facilities, and adjacent residences are powerful launching pads in the development of joint use plans.' Fielding's portfolio includes the Harbor City International School, a downtown school in Duluth, Minnesota. Arrangements have been made for classes and activities at the nearby fresh water aquarium, public library, City Theater, and YMCA athletic club. The school location was chosen with these facilities in mind, and students share these facilities with the community. Smart growth "If you put facilities in the downtowns, you're going to clearly see the beneficial impact on smart growth,' says Paul Farmer. One notable benefit is greater use of public transit and reduced travel distance. Minneapolis Public Schools, the largest school district in Minnesota, says It transports some 11,000 students 62,000 miles daily at a cost of $35 million a year. According to a report published In November 2000 by the National Trust for Historic Preservation, entitled Why Johnny Can't Walk to School, fewer than one In eight students nationwide walks or bikes to school. One way to change those numbers Is to locate a school at the center of the community, st.croix preparatory I"'ElOJLCT sti l lwater site study /I—ILLT TITL.L CLRTInC/\TtON 14nh, c..vl, .Mo do oleo ... o..r...d M « a o.4.., rota sorrow., .J d.e I ... dole leered D.e{ee.wu.I lur.. Khmer watt .M I....1 the Sr.. d Hoe.«. Shan Na %re Pau Doe DL/IGNLD DRAWN WINNIMIENNIED DESIGNED 8 June 2006 CHECKED DRAWN TRANSMITTED COI•YRIGI—IT O 2006 PUTMAN PLAN \INC; & DtSIGN d w.e.a.retail . .n In. r.r.• elem. 4.a y. wrii.d voice, 4 Per. Prater R Dort (WSW . D...l.r.er Error.. rt (DOD pore. Or trod raft I..omyo 1.. All4111 te.t.ed HI Do re tr. ..b. ew.w DP&D-D0 . titre .Me COS Nur-i • 4A 7D/CA . ARCMITLCTIIAA:L ..AND PLANNR-r • .S...ClitTCCT..SCAL LLLVTR/.710N • 'PITMAN PLANNING & DESIGN. Sax. YII T.1prex SOD Yawl Stlml Hadvt. N15481. 7 .... 7t$l361 &''91 £ .4 INWfnmartplam"ItpeMde.p.r.v. ••.rylprnpLnwlynddkyg..a ai "Smaller neighborhood schools provide less dependence on school -based or public transportation systems and less need to expand infrastructure beyond current municipal boundaries,' says Stephen Singlet., a principal architect with New Orleans -based Concordia, a leader In the planning and design of mixed use community schools. Both students and parents benefit, Bingler explains. "Rebuilding schools in inner city neighboutioods also promotes parental access to their child's education, especially among parents whose income levels do not allow for them to own or operate an automobile," he notes, Bingler points out that student achievement Is tightly linked with parental involvement, Parents who can get to a school easily are more likely to participate in their children's education. That point is reinforced by Steve Young, director of facilities management for the Indianapolis public schools. "Since our schools are in established neighborhoods, the infrastructure was already there," Young says_ "However, the infrastructure we already had in place is now used more efficiently, A sewer big enough to serve a school is also large enough to serve people using an aquatic center after hours. Streets large enough to serve a school and school buses are also capable of handling the after -school -hours traffic for community recreation." "1 think that putting new facilities In, and In some cases restored facilities, you create a new community asset that really helps keep people In neighborhoods," says Paul Farmer, Michael Hall of Fanning/Howey Associates concurs. "While sites may be easier to work with when they're outside the center of town, there's something to be said for integrating schools into the heart of the community,' says Hall. "This also plays into the sustainable movement and smart growth — using Infill sites, redeveloping existing sites, or recycling buildings." Getting to the heart of the matter Integrating schools into the heart of the community is precisely what Fanning/Hovey Associates did as the consulting planner for Medina High School In Medina, Ohio. Medina was growing rapidly in 1995, when the high school had 1,800 students in a building designed for 1,200, Some 2,400 students were expected by 2003, and there was no sign of relief. After two years of discussions, the community set out on a new direction. A new school was planned, but It would be one entity with four separate "houses," accommodating 600 students In each. Partnerships were formed with the city of Medina, a local performing arts foundation, the local community hospital, and the local cable television network, "The schools would build a fieldhouse, indoor track, locker rooms, and a competition pool,' explains Charles Irish, then superintendent of Medina Schools, "The city would join the project by building a leisure pool, exercise machine area, exercise and community rooms, and offices. They would also operate the facility and receive revenues from memberships.' Irish continues: "Of course, the school would have use of the facility for physical education and extracurricular activities, paying Its pro-rata share of the operating costs. The city would invest $7.5 million, a little less than half the cost of its construction, Their Investment would be generated through the sale of bonds, which would be paid back through existing recreation funds and some proceeds from the center's operation." Medina General Hospital co -located on the site and became a city tenant, operating a physical therapy branch on the school campus. Rooms were designed to meet the therapy center's unique needs, and the leisure pool was designed to accommodate a growing aqua therapy program. As compensation for using the exercise equipment, the hospital invested $300,000 toward its purchase. The new school co -located a 1,200-seat auditorium suitable for most traveling performers and performing groups. This facility was funded by a 5500,000 Ohio Arts Grant and a $400,000 grant from a local foundation. The Medina County Performing Arts Foundation will operate the theater, keeping It booked when not In use by the schools_ "The University of Akron, with whom we already had a distance learning relationship, looked at this facility as something that would support their efforts to bring more university classes to Medina," says Irish. `For once we would have a facility to support that. A partnership with the university would allow them to extend their distance learning opportunities to post -secondary students and the community and allow Medina residents to take college courses at the high school." schools got the use of the whole rec center for one-half the cost, The city can boast the same." Schools and the flexible community Whether they are schools or not, mixed use facilities can have the advantage of versatility. "Mixed us should be planned with flexibility. The Interior spaces should be designed to fit current educational pr have the flexibility to change as school demographics change," says Thomas Kube, executive director of Educational Facility Planners International_ Kube emphasizes that proper planning has Implications for long-term use, allowing schools to truly so of the community and encourage neighborhood stability and revitalization. As operating hours, demon needs dictate, spaces may be reapportioned or used differently, creating a 'flexible" civic good. Kathy Christy Is a capital project manager for the Northwest Arctic Borough School District in Anctiore which serves small Native villages in the state. "In these small villages the school is the heart of the explains Christy. "It provides the only indoor play area, the only library, and is the primary meeting i community. All major community events occur at the school." In Anchorage, a school's layout and design allow for different access at different times by different Int There is direct access from the outside so the library can be used year-round while other parts of the closed. The gym has a separate after -school entrance with public restrooms and may be used 18 hot. Christy explains that community schools Include a bilingual room with a kitchenette and a separate o entrance, During the day the room is used to teach cultural studies; after hours the community uses and other activities. Besides conventional classroom furnishings and work tables, the room has a cou, conference table to encourage elders to spend time at the school_ Involving seniors Co -locating a school with facilities for elders and senior citizens is also gaining ground with municipal facility planners. Our aging population is booming, but school enrollments may level off in the next to It's the baby boom effect again, Writing in his 2002 report for the National Clearinghouse for Educatic Catching the Are Wave: 8ui/ding Schools With Senior Citizens in Mind, Kevin Sullivan of the Knowleds Foundation says that the first wave of 80 million Americans born between 1946 and 1964 will begin ti and the number of people over the age of 65 is expected to double over the next 25 years. Sullivan notes that In Louisville, Kentucky, the Jefferson County School Board operates a senior cente four schools. What began as a program to provide meals to seniors turned Into a much wider prograr residents are involved in everything from tutoring to acting as guides on school field trips. Newberg, Oregon, is also ahead of the curve. A donation of land to the local school authority allowed partner with the local parks and recreation services board to build a senior center adjacent to the ne% Seniors take meals served by fourth grade students at the adjacent intermediate school. Both seniors share recreational facilities and benefit from each other's hospitality. Looking ahead Co -location is a good way to accommodate future needs. In Providence, Rhode island, the Metropolit Career and Technical Center, known as "the Met Center," is a campus of facilities built around the exi Providence street grid. The center opened in 1996. "The complex Includes a school and community fitness center, performing arts center, health center, schools, all located around a central neighborhood green," explains Stephen Bingler. "There are no fe complex is designed as a continuation of the fabric of the local neighborhood_' According to Bingler, more than 26 community programs are conducted within this new cluster of fac schools dose for any reason, the community could continue to use the facilities and the small schools converted into any number of commercial or residential uses. Dallas, Texas, has taken advantage of the same built -In flexibility as the Met Center, `The Stephen J. used as a school, then used for administrative offices for the Dallas Independent School District, and st.croix preparatory r'ROO CT stiliwater site study /1-1LLT TITLL I I...b, ...4r d.. a.,r•—,.....d b, me Of War ay h.. =maws .r dr, ... Fair L,.msli P..i•..sd t....+w Adm.. ..der d. I•.. side S. d Y........ N_: Y.. Pmw Don Leer a* WINEREIMITERI DATE DESIGNED 8 June 2006 CHECKED DRAWN TRANSA4nT4D COrYRIGr-iT O IIXN, PUTMAN PLANNING 8 DESIGN .Tr4.d,..d.,� ishr (tea n er up.4d La Ai oaks te:ed I■Deow cop .AmaorM.4..w.ram•wF.. eWDml. s.. Arm DJb NUI 1lt)L1. LIND/CAr ARCnr*LCTUR, LAND RntJNeHG 4�Liovvnn�. l NT nreCFr_c-ru te�L LLurrna no, • GIChR11C OGJIO.. `PUTMAN RAM.t1VG & DESIGN. SLS Spia,t Sued "ufan, W4 341, E A4.L mfAqumu�¢lman.yr.ddca.Rn..un "The schools and the city got a rec center that neither would have been able to build on their own," says Irish, The Mary Fllardo of the 21st Century School Fund says facilities should be planned with an eye to changing demographics. "One of the techniques used to address the changing enrollments in schools is to size the core facilities — lunch room, office, multi -purpose, heating plant — to accommodate a facility, but design the classroom wings so they can be downsized or expanded in response to changes in student enrollment,' she notes. Getting to co -location School board members, city council representatives, planning commissioners, state legislators, parks commissioners, chambers of commerce, neighborhood associations, school administrators, architects, and developers — all have a hand in how schools get planned, funded, and built. Getting to a harmonious co -location agreement Is often the greatest challenge In the co -location process. "We have recently tried hard to incorporate other community uses in our high school project," says David Anstrand, director of facilities for the Manhelm Township School District In Lancaster, Pennsylvania. "We have not had great success. The barrier in Pennsylvania, in my opinion, is the flrewall' between municipal government and public school government. Each has separately elected officials with separate agendas and visions_ We haven't learned to 'vision' together even though we are supported by the same taxpayers." Sharing a vision was tough for Medina High School, too. "My board was split — good honest people — but split,' says Charles Irish. "Actually, that was good. It underscored the honesty behind their efforts, Still, something had to be done. I asked the board to take a leap of faith, shift gears, and move to another plane." For communities like Medina, which have successfully co -located their schools with other facilities, the town square is redefined, Such successful collaboration gives local constituents a new place to live, work, learn, and play. For scores of other growing communities like Chesapeake, Virginia, which have not yet embraced such an approach, mixed use may look quite attractive. "Mixed use is not just about co -location," says Marty Blank, director for school, family, and community connections at the Institute for Educational Leadership, "It Is about shared vision, a focus on common results, and the integration of strategies and services to support student learning, families, and communities. We must never forget the core teaching and learning mission of schools as we build these kinds of places." Resources Images: Top — The new high school in Medina, Ohio, includes city and hospital facilities, plus a 1,200-seat auditorium with its own lobby and a public entrance. Photo by Emery Photography, Inc. Middle — In Duluth, Minnesota, the Harbor City International School holds classes and activities at the public library, the YMCA, and other downtown locales. Photo by Randy Fielding. Bottom — Oyster Elementary School in Washington, D.C., was built by means of a public-pnvate partnership using grants and rents from low -Income housing, Photo by Mary Fllardo, 21st CenhrrySchool Fund. The 21st Century School Fund focuses on urban public schools by providing training to school districts, nonprofits, and government agencies: www,2lcsf.org. DesignShare is a source for information about best practices and school innovation: www.designshare.com. The nonprofit Institute for Educational Leadership, www.Iel.org, provides programs for educators and school administrators. KnowledgeWorks Foundation provides Funding for educational initiatives in Ohio: www.kwfdn.org. New Schools Better Neighborhoods, www.nsbn.org, advocates for California urban school districts, The Coahtion for Community Schools, www.communityschools.org, is a coalition of more than 160 organizations representing educational, government, health, and school networks. The Council of Educational Facility Planners International disseminates information on best practices in creative school planning: www,cefpl,org, tiCopyright 2OO(5 American Planning Association Art Rights Reserved st.croix preparatory I�ROJLCT sti l lwater site study Ctf<TIFIC/�TION I b.nbs c..11N Aer (N. .1..... «.w.d tit 1, r . drr. .. o.. I . . y.l. P.{..' a .I irk... A.b...r ,.d...b I... d dr. S...dM�n«.«. Nam. ".. P.a. 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